Abstract

Trade secret constitutes one of the most common forms of intellectual property protection, comprising a special category of confidential information of vital impor-tance for achieving competitive advantage, including of economic nature, and the undisturbed operation of an enterprise.
It is the purpose of this paper is to specify the European and domestic legal conditions for the protection of trade secrets, the conditions and consequences of violating trade secrets (in the legal environment as of 28 February 2023), and to indi-cate the policy of protecting trade secrets.
For the purposes of achieving the presented goal, the thesis is assumed that the subject of protection, which is a trade secret, is consistent with the need to apply in practice the public law solutions adopted in this area, provided that the entrepreneur is able to use the tools available in this area. The implementation of the assumptions will also be possible by verifying the subject of protection in the analysis of selected judgments on various controversial issues and criminal acts in connection with the violation of trade secrets, as well as by verifying the legal tools provided for in the Act of April 16, 1993 on combating unfair competition.

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