Ana Nordberg
Senior lecturer
Implementation of the Trade Secrets Directive into National Law: Portugal and Spain
Author
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.
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 Ltd.
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