SERBIA Law and Practice Contributed by: Stevan Pajović, Tamara Simić Pajović, Medo Zornić and Jelena Stoljiljković, T-S Legal
based on the amount that would have been paid for lawful use. Criminal and Punitive Sanctions Misappropriation triggers significant punitive liability. • Economic offences: legal entities face fines up to RSD3 million, while individuals and entrepreneurs are subject to misdemeanour fines. • Criminal liability: under Article 240 of the Criminal Code, unauthorised disclosure or acquisition of trade secrets is a criminal offense punishable by six months to five years of imprisonment. In cases involving personal gain or highly confidential data, the penalty increases to two to ten years. Negligent disclosure is punishable by up to three years. Confidentiality During Litigation To prevent further dissemination during legal proceed- ings, the Law provides specific procedural mecha- nisms. • Access restriction: the court may limit the number of persons authorised to attend hearings or access evidence. • Redaction: sensitive information can be redacted from non-confidential versions of court decisions. • Confidentiality orders: all participants (parties, lawyers, experts) are legally bound by strict con- fidentiality duties regarding any secrets disclosed during the trial, a duty that persists after the litiga- tion concludes. • Economic offences: legal entities face fines up to RSD3 million while individuals and entrepreneurs are subject to misdemeanour fines. • Criminal liability: under Article 240 of the Criminal Code, unauthorised disclosure or acquisition of trade secrets is a criminal offense punishable by six months to five years of imprisonment. In cases involving personal gain or highly confidential data, the penalty increases to two to ten years. Negligent disclosure is punishable by up to three years. Confidentiality During Litigation To prevent further dissemination during legal proceed- ings, the Law provides specific procedural mecha- nisms:
• Access restriction: the court may limit the number of persons authorised to attend hearings or access evidence. • Redaction: sensitive information can be redacted from non-confidential versions of court decisions. • Confidentiality orders: all participants (parties, lawyers, experts) are legally bound by strict con- fidentiality duties regarding any secrets disclosed during the trial, a duty that persists after the litiga- tion concludes. 6. Know-How 6.1 Definition and Legal Basis of Know-How Serbian law does not explicitly define “know-how” as a separate legal category. In practice, it is subsumed under the concept of trade secrets, regulated by the Law on Protection of Trade Secrets. Know-how typi- cally includes practical knowledge, experience, and technical information that is not publicly available. It differs from confidential information in that it usually has commercial value and practical application. It is not recognised as a property right in rem, but rather as a protected interest. Protection is primarily achieved through contracts and statutory rules on unfair com- petition and trade secrets. 6.2 Protectability Requirements and Scope For know-how to be protected, it must meet the cri- teria of a trade secret: it must be secret, economi- cally valuable, and subject to reasonable protection measures. In practice, it does not require novelty, unlike patent protection. The scope of know-how is broad and includes technical processes, manufac- turing methods, algorithms, business strategies, and customer data. Even relatively simple information can qualify if it is not publicly known and has value. The key factor is whether the holder has taken steps to keep the information confidential. Without such meas- ures, protection may be lost. 6.3 Ownership, Creation and Employee Know-How Know-how created by an employee in the course of employment generally belongs to the employer, espe- cially if it is within the employee’s duties. This is based on labour law principles and contractual obligations.
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