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Portrait of Ana Nordberg. Photo.

Ana Nordberg

Senior lecturer

Portrait of Ana Nordberg. Photo.

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

Author

  • Ana Nordberg
  • Bárbara Dias-Alaminos

Editor

  • Jens Schovsbo
  • Timo Minssen
  • Thomas Riis

Summary, in English

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.

Department/s

  • Human Rights Law
  • Health Law
  • Lund University Centre for Business Law (Swedish abbr: ACLU)
  • Department of Law

Publishing year

2020-07

Language

English

Pages

125-150

Publication/Series

The Harmonization and Protection of Trade Secrets in the EU : An Appraisal of the EU Directive

Document type

Book chapter

Publisher

Edward Elgar Publishing

Topic

  • Law

Keywords

  • Private law
  • Intellectual property rights
  • Trade secret directive
  • Trade secrets in Portugal
  • Trade secrets in Spain
  • Civilrätt
  • Immaterialrätt

Status

Published

Research group

  • Human Rights Law
  • Health Law
  • Lund University Centre for Business Law (Swedish abbr: ACLU)

ISBN/ISSN/Other

  • ISBN: 978 1 78897 333 5