Approach to implementation
In general, trade secrets have been protected in Slovakia by the Slovak Commercial Code (Act no. 513/1991 Coll. as amended). The Slovak legislator therefore did not introduce a new law on trade secrets but rather decided to implement the Trade Secrets Directive by amending the existing set of laws. The implementing measures clarify what an infringement of a trade secret is, widen its scope and specify further protection.
Stage of legislative process
The legislative process has been completed.
Timescale for implementation
The implementing legislation is effective as of 1 January 2018.
Noteworthy points arising from the legislative changes
- The protection of trade secrets is covered by unfair competition provisions.
- The limitation period for contractual claims and actions connected to the infringement and potential infringement of trade secrets is set to a maximum of six years.
- Damages may be claimed in the amount corresponding to the minimum amount of remuneration and fees that the infringer would otherwise have to pay for a licence to use the trade secret.
