New regulation of know-how and trade secrets Cover Image
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Noua reglementare a know-how-ului şi secretelor comerciale
New regulation of know-how and trade secrets

Author(s): Gheorghe Gheorghiu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: trade secret; know-how; measures; procedures and actions for damages;

Summary/Abstract: Recently, by the Government Emergency Ordinance (GEO) no. 25/18.04.20193, there have been transposed some provisions of the Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information(trade secrets) against their unlawful acquisition, use and disclosure. The directive has been transposed with a significant delay, after the European Commission had notified the Romanian authorities, in order to avoid the infringement procedure, on the grounds of Article 258 of the Treaty on the Functioning of the European Union. Given the novelty of the regulations, I will first introduce the content of the Directive(EU) 2016/943and then the transposition modality, with some observations.

  • Issue Year: 2019
  • Issue No: 3
  • Page Range: 80-99
  • Page Count: 20
  • Language: Romanian