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Implementation of the Trade Secrets Directive into National Law: Portugal and Spain

Nordberg, Ana LU orcid and Dias-Alaminos, Bárbara (2020) p.125-150
Abstract
The protection of trade secrets in Portugal and Spain has been derived from general legal principles (of Civil Law, Penal Law and Unfair Marketing Law). This chapter on implementation of the Trade Secrets Directive (TS Directive) in Portugal and Spain presents the traditional views and positions and the implementation of the TS Directive into the respective national legal orders.
In Portugal, implementation of the TS Directive was part of a broader intellectual property (IP) legislative reform package. This reform entailed the approval of a new Industrial Property Code transposing both the TS Directive and the new Trade Mark Directive; and that also modified procedural norms relating to the competence of the IP court and new rules on... (More)
The protection of trade secrets in Portugal and Spain has been derived from general legal principles (of Civil Law, Penal Law and Unfair Marketing Law). This chapter on implementation of the Trade Secrets Directive (TS Directive) in Portugal and Spain presents the traditional views and positions and the implementation of the TS Directive into the respective national legal orders.
In Portugal, implementation of the TS Directive was part of a broader intellectual property (IP) legislative reform package. This reform entailed the approval of a new Industrial Property Code transposing both the TS Directive and the new Trade Mark Directive; and that also modified procedural norms relating to the competence of the IP court and new rules on IP arbitration. In Spain, implementation has been made by specific TS legislation – The Law on Trade Secrets, approved in December 2019.

The chapter contains an introduction (section 1), and overview of the pre-directive frameworks (Section 2), the post-directive national TS legislation (section 3), expected post-implementation legal developments (section 4); and the main conclusions of our analysis. (Less)
Please use this url to cite or link to this publication:
author
and
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
Private law, Intellectual property rights, Trade secret directive, Trade secrets in Portugal, Trade secrets in Spain, Civilrätt, Immaterialrätt
host publication
The Harmonization and Protection of Trade Secrets in the EU : An Appraisal of the EU Directive - An Appraisal of the EU Directive
editor
Schovsbo, Jens ; Minssen, Timo and Riis, Thomas
pages
125 - 150
publisher
Edward Elgar Publishing
external identifiers
  • scopus:85140114863
ISBN
978 1 78897 333 5
DOI
10.4337/9781788973342.00013
language
English
LU publication?
yes
id
e6144a95-84aa-4889-bd5a-977d96d7fa29
date added to LUP
2018-02-27 15:06:30
date last changed
2023-05-08 18:04:50
@inbook{e6144a95-84aa-4889-bd5a-977d96d7fa29,
  abstract     = {{The protection of trade secrets in Portugal and Spain has been derived from general legal principles (of Civil Law, Penal Law and Unfair Marketing Law). This chapter on implementation of the Trade Secrets Directive (TS Directive) in Portugal and Spain presents the traditional views and positions and the implementation of the TS Directive into the respective national legal orders.<br/>In Portugal, implementation of the TS Directive was part of a broader intellectual property (IP) legislative reform package. This reform entailed the approval of a new Industrial Property Code transposing both the TS Directive and the new Trade Mark Directive; and that also modified procedural norms relating to the competence of the IP court  and new rules on IP arbitration.  In Spain, implementation has been made by specific TS legislation – The Law on Trade Secrets,  approved in December 2019.  <br/><br/>The chapter contains an introduction (section 1), and overview of the pre-directive frameworks (Section 2), the post-directive national TS legislation (section 3), expected post-implementation legal developments (section 4); and the main conclusions of our analysis.}},
  author       = {{Nordberg, Ana and Dias-Alaminos, Bárbara}},
  booktitle    = {{The Harmonization and Protection of Trade Secrets in the EU : An Appraisal of the EU Directive}},
  editor       = {{Schovsbo, Jens and Minssen, Timo and Riis, Thomas}},
  isbn         = {{978 1 78897 333 5}},
  keywords     = {{Private law; Intellectual property rights; Trade secret directive; Trade secrets in Portugal; Trade secrets in Spain; Civilrätt; Immaterialrätt}},
  language     = {{eng}},
  pages        = {{125--150}},
  publisher    = {{Edward Elgar Publishing}},
  title        = {{Implementation of the Trade Secrets Directive into National Law: Portugal and Spain}},
  url          = {{http://dx.doi.org/10.4337/9781788973342.00013}},
  doi          = {{10.4337/9781788973342.00013}},
  year         = {{2020}},
}