Trade Secrets Law in Poland
Here’s a detailed overview of Trade Secrets Law in Poland:
Trade Secrets Law in Poland
1. Legal Framework
Poland’s trade secrets protection is primarily governed by:
The Act of 16 April 1993 on Combating Unfair Competition (Polish: Ustawa z dnia 16 kwietnia 1993 r. o zwalczaniu nieuczciwej konkurencji) — This is the main statutory framework protecting trade secrets.
Civil Code and Contract Law — providing contractual protections (e.g., NDAs).
Implementation of the EU Trade Secrets Directive (Directive (EU) 2016/943), which Poland transposed into national law to harmonize trade secrets protection across the EU.
2. Definition of Trade Secret
Under Polish law, a trade secret is defined as:
Information, including a formula, pattern, compilation, program, device, method, technique, or process,
That is not generally known or readily accessible to persons normally dealing with the kind of information in question,
Has commercial value because it is secret,
Is subject to reasonable steps by the rightful holder to keep it secret.
3. Protection Against Misappropriation
The Act prohibits:
Acquisition, use, or disclosure of trade secrets by improper means.
Breach of confidentiality obligations.
Acts of unfair competition involving misuse of trade secrets.
4. Legal Remedies
If a trade secret is unlawfully acquired, used, or disclosed, the owner can seek:
Injunctions to prevent further unlawful use or disclosure.
Damages for losses caused by the breach.
Account of profits gained by the infringer.
Destruction or recall of products made using the trade secret.
Public apology or correction (in some cases).
5. Contractual Protection
Non-disclosure agreements (NDAs) and confidentiality clauses are widely used.
Employment contracts often include clauses protecting trade secrets.
Non-compete agreements can be used but must comply with Polish labor law.
6. Enforcement
Polish courts handle disputes involving trade secrets.
The law supports expedited proceedings for injunctions.
Criminal penalties may apply in cases of serious breaches under criminal law provisions relating to business secrets.
7. Additional Notes
Poland’s trade secret protection aligns with EU standards, ensuring consistency within the European Single Market.
The law encourages companies to implement internal security measures to maintain secrecy.
Summary:
Poland provides robust protection for trade secrets under its Act on Combating Unfair Competition and related laws, aligned with the EU Trade Secrets Directive. Trade secrets must be kept confidential, and unauthorized acquisition or use is legally actionable, with remedies including injunctions and damages.
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