From the practical aspect, one of the most significant changes brought by the new Law is the way of regulating the protection of trade secrets, starting from prescribing the requests that the holder of the trade secret can direct against the person who violated trade secrets, by the deadlines for filing a lawsuit.
- In case of a violation of the trade secret, the holder of the trade secret has several requests which they may direct to the competent courts at their disposal. One must keep in mind that all lawsuits may be filed not only against the individual who has made the violation but also against the intermediary who offers services to the individual who made the violation, by which they indirectly allow, i.e., make the violation easier.
- On the other hand, aside from the holder of the trade secret, the lawsuit can be filed by the licensee for the use of the trade secret if they have appropriate grounds.
So, if you decide to transfer the rights of use of your trade secret with a license to your business partner or associate, they will also be able to initiate the process of protecting your trade secret before the court, even though they are not its source “creator”.
The holder of the trade secret (and licensee) can request compensation of damages from each individual who knew or had to know that they are taking part in unlawful actions in relation to the trade secret. In comparison to the previous Law, the new Law does not foresee the possibility to request triple the amount of the usual compensation instead of the compensation of property damage that the holder would receive for (lawful) use of trade secret, but instead, it broadens the term of damage to intangible, alongside tangible damage.
In practice, this means that in case your trade secret gets into the hands of third parties, you are entitled to request compensation, not only for property damage in the form of actual damage and lost profit, but also as intangible damage made to your reputation, name, or brand.
The deadline for filing a lawsuit for violating a trade secret has been extended by the new Law from the previous six months to one year from the day of learning about the violation, i.e., five years (instead of the previous three years) from the day when the violation was committed.