In case of unlawful acquisition, use or disclosure of a trade secret the authorized person may seek the infringer to refrain from acts infringing/endangering the rights and to remove the consequences of such endangering or infringement. In such case the authorized person may seek:
Alternatively, the court may order (upon the request of infringer) the payment of a pecuniary compensation to the authorized person, namely where the infringer neither knew nor was able to know that his acts constitute an infringement, where the above measures would cause him an inadequate injury and the pecuniary compensation to an authorized person proves to be sufficient.
• The court may award the person whose claim has been satisfied a right to make the judgment public at the costs of the infringer.
• Under the Directive, the duration of the limitation period shall not exceed 6 years. The Czech civil code determines the limitation period to be 3 years.
• The Czech legal system does not explicitly regulates the whistleblowing which is referred to in recital 20 of the Directive. Therefore, there is a certain risk that whistleblowing could be misused as an excuse for the violation of the trade secret.
The current bill does not provide for :
The Decree passed on 11 December 2018 provides for:
Actions to prevent or end a trade secrets breach
However, if the claimant does not file an action on the merits within 20 days working days or 31 calendar days if the latter period is longer from the date of the order, then the effect of the provisional or protecting measures will expire.
Preservation of the trade secrets before the courts
The TSD is going to be implemented by a new Act on the Protection of Trade Secrets providing protection against unlawful acquisition, usage or disclosure of trade secrets (Gesetz zum Schutz von Geschäftsgeheimnissen).
The law closely follows the Directive. The subjective term of the statute of limitations is five years from the date that the holder became aware of the infringement. The objective term is 20 years after the fact.
There are three additions to the protection awarded by the Directive: