Breach of a trade secret
A trade secret is any commercial information, know-how and technological information that meets simultaneously the following requirements:
- constitutes a secret in such a way that, in general or in its exact configuration and set of elements, it is not generally known or easily accessible to persons from the circles that usually use such type of information;
- has a commercial value because of its secret nature;
- in relation to it are taken measures by the person who has control over the information for its keeping in secret.
A possessor of a trade secret may be any natural or legal person that lawfully controls a trade secret.
An offender is any natural or legal person that has unlawfully acquired, used or disclosed a trade secret.
Goods - subject of an infringement - are goods whose design, characteristics, functioning, production process or marketing are significantly and beneficially influenced by trade secrets that have been unlawfully acquired, used or disclosed.
An infringement also occurs when services are offered or provided whose characteristics and manner of delivery or marketing are significantly and beneficially influenced by trade secrets that have been unlawfully acquired, used or disclosed.
