Poslovna skrivnost v pravdnem postopku

slovenian

2021

volume 47, issue 3/4

civil procedure   confidentiality   disclosure   evidence   publicity of the procedure   trade secret

Lexpera d. o. o.
(Obvezni izvod spletne publikacije)

Trade secret, the main quality of which is its confidentiality, is exposed to various risks of disclosure on a daily basis, not only in business practice, but also during civil procedure when pursuing judicial protection. For the trade secret holder, legal measures that can be applied with the aim of protecting their trade secrets are crucial. In a civil procedure, in which the confidentiality of a trade secret is endangered throughout the entire procedure, these measures are regulated by the Civil Procedure Act (ZPP), with some special provisions in the Trade Secrets Act. Even though legal provisions aimed at protecting trade secrets are relatively new, their reach is in fact rather limited. The article analyses the current legislation and procedural measures provided by applicable law at each stage of the procedure. Moreover, it also points out deficiencies of the current legislation alongside some open questions, and offers answers by presenting the view of the legal theory and relevant legal rules.

25.08.2021