Trade Secrets Law in Montenegro
Trade secrets in Montenegro are protected under national legislation in line with EU standards, particularly due to Montenegro’s candidate status for EU membership. Here's an overview of how trade secrets law operates in Montenegro:
📘 Legal Framework
Law on Protection of Trade Secrets (Zakon o zaštiti poslovne tajne)
Enacted to align with the EU Directive (2016/943) on the protection of undisclosed know-how and business information.
Defines what constitutes a trade secret and outlines protection measures.
Related Laws:
Law on Obligations – Covers confidentiality agreements and contractual obligations.
Labor Law – May include employee duties not to disclose confidential information.
Criminal Code of Montenegro – Includes provisions for criminal sanctions in cases of unlawful disclosure or acquisition of trade secrets.
🔐 Definition of Trade Secret
Under Montenegrin law, a trade secret is information that:
Is not generally known or readily accessible;
Has commercial value because it is secret;
Has been subject to reasonable steps to keep it secret, by the person lawfully in control of the information.
⚖️ Protection Mechanisms
Civil Remedies:
Injunctions (to stop misuse/disclosure)
Compensation for damages
Seizure or destruction of infringing goods
Criminal Sanctions:
Fines or imprisonment in severe cases of misappropriation or industrial espionage.
Preventive Measures:
Non-disclosure agreements (NDAs)
Internal security protocols
Employee confidentiality clauses
🏛️ Enforcement & Litigation
Trade secret cases are generally handled by commercial courts.
Burden of proof lies with the plaintiff (the trade secret holder), who must show:
The existence of a trade secret
Its value and confidentiality
Unlawful acquisition, use, or disclosure
🌍 EU Harmonization
Montenegro has harmonized its trade secret laws with the EU Trade Secrets Directive as part of its EU accession process.
This makes its legislation relatively modern and in line with international standards.
✅ Key Takeaways
Montenegro provides strong protection for trade secrets.
Businesses should actively implement protective measures like NDAs, internal policies, and IT security.
Legal remedies are available in civil and criminal courts.
Enforcement can be challenging without clear documentation and proactive measures.
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