Implementation of the Trade Secrets Directive into National Law: Portugal and Spain 

Research output: Chapter in Book/Report/Conference proceedingBook chapter

Abstract

The protection of trade secrets in Portugal and Spain has been derived from general legal principles (of Civil Law, Penal Law and Unfair Marketing Law). This chapter on implementation of the Trade Secrets Directive (TS Directive) in Portugal and Spain presents the traditional views and positions and the implementation of the TS Directive into the respective national legal orders.
In Portugal, implementation of the TS Directive was part of a broader intellectual property (IP) legislative reform package. This reform entailed the approval of a new Industrial Property Code transposing both the TS Directive and the new Trade Mark Directive; and that also modified procedural norms relating to the competence of the IP court and new rules on IP arbitration. In Spain, implementation has been made by specific TS legislation – The Law on Trade Secrets, approved in December 2019.
The chapter contains an introduction (section 1), and overview of the pre-directive frameworks (Section 2), the post-directive national TS legislation (section 3), expected post-implementation legal developments (section 4); and the main conclusions of our analysis.

Details

Authors
Organisations
External organisations
  • University of Copenhagen, Law Faculty, Centre for information and Innovation Law
Research areas and keywords

Subject classification (UKÄ) – MANDATORY

  • Law

Keywords

  • Private law, Intellectual Property Rights, Trade Secret Directive, Trade Secrets in Portugal, Trade Secrets in Spain
Original languageEnglish
Title of host publicationThe Harmonization and Protection of Trade Secrets in the EU
Subtitle of host publicationAn Appraisal of the EU Directive
EditorsJens Schovsbo, Timo Minssen, Thomas Riis
PublisherEdward Elgar Publishing
Chapter8
Pages125-150
ISBN (Print)978 1 78897 333 5
Publication statusPublished - 2020 Jul
Publication categoryResearch
Peer-reviewedYes

Related research output

Jens Hemmingsen Schovsbo, Timo Minssen & Thomas Riis, 2020 Jul 9, United Kingdom: Edward Elgar Publishing.

Research output: Book/ReportBook

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