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New Tool to Combat Unfair Competition Coming Soon

  • Estonia

    20-06-2018

    Estonia is on the brink of passing the new Unfair Competition Prevention and Trade Secret Protection Act. The new Act should offer a clearer definition of a ‘trade secret’ and create a system of procedural rules and safeguards offering injured parties an easier way to protect their rights. If everything goes smoothly, the business community will soon receive an efficient tool to protect their intellectual assets.

    Already in 2016, the European Parliament and Council passed a Directive the purpose of which is to improve protection of trade secrets and know-how in Member States. Estonia was to transpose the Directive by 9 June of this year but has failed to do so. For Estonia this constitutes an important legal instrument, seeing that to date matters of trade secret protection and combatting unfair competition have been regulated insufficiently, and in many cases thwarting successful protection of rights. 

    At present matters related to trade secret protection and unfair competition are regulated in Estonia essentially by three non-specific sections of the Competition Act, which in potential court proceedings imposes an unreasonably heavy burden on plaintiffs.

    Full article available in Estonian

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