ISSN 1452-6662
Više od 180 osnovnih i prečišćenih tekstova propisa Republike Srbije prevedenih na engleski jezik.
Grupa: COMPANIES, BUSINESS
Izdanje: LAW ON PROTECTION OF TRADE SECRET
Published in the Službeni glasnik RS, No. 53/21 of 28 May 2021
Sekcija: I INTRODUCTORY PROVISIONS

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  • Scope
     Article 1

    This Law shall govern the legal protection of a trade secret against illegal acquisition, use and disclosure.

  • Definition of Terms
     Article 2

    Certain terms used in this Law shall have the following meaning:

    1) Information meeting the following requirements shall be considered a trade secret:

    (1) they represent a secret because they are not in whole or in terms of the structure and set of their components generally known or easily accessible to persons who in their activities usually come into contact with this type of information;

    (2) they have commercial value because they represent a secret;

    (3) a person legally controlling them has undertaken reasonable measures in order to preserve their confidentiality;

    2) the holder of a trade secret is a natural person or legal entity under whose legal control is the trade secret;

    3) a person who has violated a trade secret is a natural person or legal entity who has illegally acquired, used or disclosed a trade secret;

    4) a person suspected of violating a trade secret is a natural person or legal entity suspected of having illegally acquired, used or disclosed a trade secret;

    5) the infringing goods are goods whose design, characteristics, mode of functioning, manufacturing process or method of placing on the market have been substantially achieved thanks to a trade secret that has been illegally acquired, used or disclosed.

    The information referred to in paragraph 1, item 1) of this Article shall include, inter alia, knowledge and experience, business information and technological information.

    Reasonable measures for maintaining the confidentiality of information referred to in paragraph 1, item 1) sub-item (3) of this Article shall be considered, inter alia, drafting an internal act on handling a trade secret and the circle of persons and their rights and obligations when handling a trade secret, measures of physical or electronic protection of access and handling of a trade secret, marking documents with a "trade secret" or similar mark, restricting access to premises and files containing information that is considered a trade secret or concluding confidentiality agreements, i.e. non-disclosure of confidential information with persons who could potentially come to possession of a trade secret, including employees, business partners, external associates and consultants, i.e. signing statements of confidentiality or non-disclosure of confidential information by the said persons.