Proposal for a new act on the protection of trade secrets
On October 18th, 2019, the Ministry of Justice proposed a new act on the protection of trade secrets in Prop 5 LS (2019-2020). The proposal implements the EU directive 2016/943 and strengthens the protection of trade secrets.
Today, the Marketing Act and the Penal Code contains provisions concerning trade secrets. The proposal recommends repealing these provisions and to implement a new and separate act concerning the protection of trade secrets. The act will implement the EU directive 2016/943.
The proposal for a new act on the protection of trade secrets contain a definition of the term “trade secrets”, which comprise confidential information about the company’s operations and business, know-how and technologic information. The proposal uses the term “intervention” about all unlawful actions contrary to the protection of trade secrets. The term is proposed to include acquirement, use and distribution of trade secrets.
Today, the owner of a trade secret can demand a judgement on the ban of existing and future interventions, award of remuneration and compensation as well as ruling on a temporary precautionary measure and possible penalty. The proposal expand the measures that the owner of a trade secret can invoke in an intervention, for example order the withdrawal of goods, destruction of goods or documents and objects that contain the trade secret, the surrender of goods to the owner of the trade secret and order of covering expenses in connection with the procurement of a conviction The proposal also contains specific deadlines that must be observed in order to use the different enforcement measures.
The proposal also strengthens the protection of trade secrets in connection with legal processes.
The proposal is now sent to the Parliament. You can follow the process and read the proposal here (only in Norwegian).