Protection of trade secrets in polish and european legislation


trade secrets
undisclosed know-how
intellectual property rights
confidential business information
intangible assets

How to Cite

Widerski, P. (2016) “Protection of trade secrets in polish and european legislation”, Scientific Journal of Bielsko-Biala School of Finance and Law. Bielsko-Biała, PL, 22(2), pp. 64-73. doi: 10.5604/01.3001.0012.5316.


Trade secrets are valuable business assets to all companies on the market irrespective of their size and sector. Empirical evidence prompts clear dependency between innovation and trade secret protection (, 2013). Trade secrets represent the results of R&D investments, innovation and creativity. They are often located as the decisive element of economic advantage in business relationship. The lack of sufficient legal protection of secrets reduces confidence of business creators, researchers and innovators. A current state of protection in the EU has proven to be inadequate to create a satisfactory level of entrepreneurship. Directive 2016/943 endorses a minimum standard requirement for the EU legislation but the Member States may introduce to their own legal systems more far-reaching protection against unlawful acquisition, use or disclosure of trade secrets. Trade secrets play an important role in protecting the exchange of know-how between businesses, especially SMEs, and research institutions both within and across the borders of the internal market, in the context of research, development, and innovation. Trade secrets are one of the most commonly used forms of protection of intellectual creation and innovative know-how by businesses, yet at the same time, they are not sufficiently protected by the existing European Union legal framework.

The papers published in the ASEJ Journal (alternate title: Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej) are free and online open access distributed (Creative Commons Attribution CC-BY-NC 4.0 license). The Publisher cannot be held liable for the graphic material supplied. The printed version is the original version of the issued Journal. Responsibility for the content rests with the authors and not upon the Scientific Journal or Bielsko-Biala School of Finance and Law.


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