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16 April 2018
Aims of EU Trade Secrets directive
Draft implementation law
The Polish legislature is in the process of implementing the EU Trade Secrets Directive (2016/943/EC). Trade secrets in Poland are protected by the Act on Combating Unfair Competition 1993, which is therefore expected to be amended. The new legislation is considered to be generally compliant with the directive and is likely to come into force on June 9 2018.
The lack of balance and uneven level of protection provided to trade secrets in the European Union triggered the need to introduce legislative changes. These amendments aimed to facilitate cross-border activities and remedy entrepreneurs' fears about the risk of losing capital invested and time spent on investments in research and development and innovation as a result of unfair competition activities (eg, the unlawful acquisition, use or disclosure of intellectual creations and innovative know-how by other parties).
The EU Trade Secrets Directive's goals include:
Trade secrets in Poland are protected by Article 11 of the Act on Combating Unfair Competition. There was some discussion regarding how to implement the directive, with the enactment of a separate law which encompassed all of the pertinent regulations regarding trade secrets and its protection having been suggested. However, the legislature decided to implement the directive by amending the Act on Combating Unfair Competition, the Civil Procedure Code and some other relevant laws.
The new draft law is generally compliant with the EU Trade Secrets Directive. However, the following points need to be either corrected or clarified:
The legislature should be praised for its attempt to implement the EU Trade Secrets Directive on time. However, work on the new draft legislation appears to be progressing too quickly in order to discover and eliminate possible deficiencies and guarantee the directive's full implementation.
For further information on this topic please contact Szymon Gogulski or Jacek Zwara at Soltysinski Kawecki & Szlezak by telephone (+48 22 608 7000) or email (firstname.lastname@example.org or email@example.com). The Soltysinski Kawecki & Szlezak website can be accessed at www.skslegal.pl.
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