Trade secrets legal framework in the new Industrial Property Code

Ana Clara Azevedo de Amorim

Keywords

Trade secrets; unfair competition; exclusive right; honest commercial practices; principle of proportionality; Industrial Property Code.

Abstract

The new Industrial Property Code transposed the Trade Secrets Directive into the national legal system, creating an autonomous legal framework regarding unfair competition. Although the scope of application has been extended, according to the removal of competitive relationship, trade secrets protection is still based on a general clause related to honest commercial practices. The value dimension of the legal framework is also reinforced by the principle of proportionality, which is expressed in particular by the introduction of a relevance clause and by in the discretion assigned to the national courts to weigh a set of interests.