The New Trade Secrets Directive and its Incorporation into Lithuanian Law

Abstract

On 8 June 2016, Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure was enacted, to be incorporated by EU member states into their national laws by 9 June 2018. Although a degree of harmonization of trade secrets protection was established by Art. 39 of the TRIPS Agreement, the Directive provides for a new set of norms. This raises important questions as to whether these new rules are compatible with existing national laws, the scope of the changes required and the possible impact on national legal practice. This research paper aims to answer these questions from the perspective of Lithuanian national law. For this purpose, the author analyses and assesses the current and newly proposed laws, as well as Lithuanian case law concerning the protection of trade secrets.

Keywords: Intellectual Property, Trade Secret, EU Law