SERBIA Law and Practice Contributed by: Stevan Pajović, Tamara Simić Pajović, Medo Zornić and Jelena Stoljiljković, T-S Legal
provided that proceedings are initiated to justify the measures within the prescribed time limit. If it is subsequently determined that no infringement occurred or if the proceedings are not initiated, the person against whom the measure was ordered shall be entitled to compensation for damages. The court may condition the granting of provisional measures on the provision of appropriate security. 4.5 Functionality and Technical Features If there is a possibility of alternative solutions, that is, different forms capable of achieving the same techni- cal function, the design is not considered to be solely dictated by function. Conversely, a design may be declared invalid if its appearance is entirely determined by the technical function of the product, which constitutes a ground for invalidation under Article 58 of the Law on the Legal Protection of Industrial Design. The primary legislation governing the protection of business secrets in the Republic of Serbia is the Law on the Protection of Business Secrets (2021). This Law represents a significant step towards aligning domes- tic legislation with European legal standards and cre- ating a more comprehensive regulatory environment for confidentiality. It protects information that is not generally known or easily accessible, has commer- cial value because it is secret, and has been subject to reasonable measures by its holder to maintain its secrecy. The statutory definition explicitly encompass- es “know-how” (knowledge and experience), as well as business and technological information. 5.2 Reasonable Measures and Confidentiality To qualify for legal protection, the holder of a business secret must actively demonstrate that they have taken reasonable steps to preserve its confidentiality. The Law provides a clearer framework for what constitutes “reasonable measures,” emphasising that the holder’s proactive stance is critical. 5. Trade Secrets 5.1 Legal Framework and Protectable Information
According to the Law, these reasonable measures typically include: • adopting internal protocols regarding the handling of business secrets, defining the circle of author- ised persons, as well as their specific rights and obligations when managing such information; • executing confidentiality agreements (NDAs) or obtaining signed confidentiality statements from employees, business partners, external associates, and consultants; • implementing physical or electronic access con- trols specifically targeting both premises and digital files where sensitive information is stored; and • clearly marking documents with the label “Busi- ness Secret” or similar designations of confidenti- ality. Disclosure to Employees and Third Parties The disclosure of a business secret to employees or third parties does not inherently strip the informa- tion of its protected status, provided it occurs within a controlled legal framework. Under the Law, such disclosure is considered “lawful” when it is necessary for the performance of work duties or business opera- tions and is accompanied by appropriate safeguards. To maintain protection, the holder must ensure that the recipients are bound by statutory or contractual confidentiality obligations. If a secret is shared without these reasonable measures” — such as an NDA or an internal act — it risks losing its legal character as a business secret because it may no longer be con- sidered “not generally known” or “easily accessible.” Therefore, the focus of Serbian courts is not on the act of disclosure itself, but on whether the holder took proactive steps to restrict further dissemination and ensure that the recipient understood the confidential nature of the information. 5.3 Misappropriation of Trade Secrets The Serbian legal framework distinguishes between lawful and unlawful acquisition of trade secrets. Unlawful conduct occurs when a secret is obtained through unauthorised access, appropriation, or dupli- cation of documents or files without the holder’s con- sent. A notable modernisation in the current Law is the explicit recognition of “reverse engineering” as a law- ful method of acquiring information, provided it meets
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