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26.06.2019

How should a business operator look after his trade secret ‘affairs’?

An article on the protection of trade secret of business operator written by Zane Eglīte-Fogele, Partner of PRIMUS DERLING, and Kristīne Sakārne, Senior Associate of PRIMUS DERLING, was published on 18 June 2019 in the issue of iTiesības.

It is undeniable that the provisions of the Trade Secret Protection Law oblige the business operator to take care of protection of its commercially important information. Only in this case can he also benefit from statutory protection.

How to look after one’s trade secret ‘affairs’:

Step one – the business operator defines his trade secret.

Step two – guarantee the security. When transferring information containing trade secrets to other persons, it is necessary to declare in writing that all or some of the information provided is a trade secret. It is advisable to remember that although more and more information is stored electronically, contracts and other documents of legal significance often “live” in usual hard copy.

Step three – organize the documentation. The operator’s internal agenda-setting documents may provide for a separate procedure (for example, a chapter in the internal rules or specific guidelines) binding on employees working with trade secrets. It is also advisable to check the compliance of existing employment contracts with the new rules on the protection of trade secrets and, if necessary, to harmonize terminology in order to avoid disputes in the future.
In case of offense, a court action. The business operator may apply to the court of law within three years of the date when the trade secret holder became aware or should have become aware of the unlawful acquisition, use or disclosure of the trade secret.

The original article in Latvian available to registered users here.

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