On 27 May 2021, the National Assembly of the Republic of Serbia adopted the Law on Protection of Trade Secrets (hereinafter: the “Law”), which entered into force on 5 June 2021.

Prior to adoption of this Law, the previous Law on the Protection of Trade Secrets (“Official Gazette of RS”, No. 72/11) was in force for ten years, but in order to harmonize regulations with EU legislation, and especially with Directive 2016/943, it was necessary to adopt a new law governing the subject matter.

In accordance with the above, the Law defines a trade secret as information that cumulatively meets the following conditions:

Deemed as an appropriate measure to preserve the confidentiality of trade information is, among other things, the drafting of an internal act on handling trade secrets and specifying the circle of persons and their rights and obligations when handling trade secrets. Therefore, it is recommended that persons wishing to legally protect confidential information draft the said act.

In order to expand the concept of trade secret, it is no longer a necessary prerequisite that the use of a specific secret can achieve economic benefit and cause damage to the holder of the trade secret.

The law makes a distinction between legal and illegal acquisition, i.e. use and disclosure of a trade secret, so the above actions are considered legal if they lead to acquiring of a trade secret in one of the following manners:

In addition to the above, important novelties and provisions of this Law relate to:

Disclaimer: The text above is provided for general guidance and does not represent legal advice.

Copyright Cvetkovic, Skoko & Jovicic 2021

Law on Protection of Trade Secrets