SLOVENIA Law and Practice Contributed by: Nataša Pipan Nahtigal, Veronika Novak and Katarina Čepon, Šelih & partnerji
may give rise to contractual liability alongside trade secret claims. • Competitors : Disputes are often assessed in the context of unfair competition. The key issue is whether the competitor acquired or used the trade secret unlawfully, or knew (or should have known) of its unlawful origin. 5.4 Duration and Loss of Protection Duration of Protection Trade secret protection under Slovenian law is not limited in time. Protection lasts for as long as the information satisfies the legal requirements, namely that it remains secret, retains commercial value and is protected by reasonable confidentiality measures. In practice, this means protection can potentially last indefinitely, provided that secrecy is preserved. Loss of Protection and Disclosure The effect of disclosure depends on the circumstanc- es in which it occurs: • Authorised disclosure : Sharing a trade secret with employees or third parties does not, in itself, result in loss of protection, provided that the disclosure is limited and subject to confidentiality obligations. • Accidental disclosure : Unintentional disclosure may jeopardise protection if the information becomes generally known or easily accessible. In such cas- es, the trade secret may lose its protected status. • Unprotected disclosure : If information is disclosed without appropriate safeguards and enters the public domain, it will no longer qualify as a trade secret. 5.5 Enforcement and Remedies Civil Remedies There is a range of civil remedies to protect trade secrets. The holder may seek injunctions to stop ongoing or threatened infringements, including the prohibition of use or disclosure of the trade secret. Courts may also order measures targeting infringing goods, such as: • prohibition of production, marketing or use; • recall from the market; and/or
• removal of infringing features or destruction of goods. In addition, the court may order the destruction or surrender of documents and materials containing the trade secret, as well as publication of the judgment. Damages are available under general principles of contract and tort law. Where the loss cannot be pre- cisely quantified, compensation may be assessed based on a hypothetical licence fee. In cases of inten- tional infringement or gross negligence, the court may award enhanced damages of up to twice that amount. Courts may also grant preliminary injunctions, includ- ing the seizure of goods or temporary bans on use or disclosure, where there is a risk of irreparable harm or difficulty in enforcing claims. Criminal Sanctions Serious violations may also give rise to criminal liabil- ity. The unlawful acquisition or disclosure of a trade secret is a criminal offence under Slovenian law, pun- ishable by imprisonment in more severe cases. Confidentiality in Litigation Slovenian procedure includes safeguards to preserve confidentiality during litigation. A claimant is not required to fully disclose the trade secret at the out- set, provided that its existence and infringement are plausibly demonstrated. Courts may further restrict access to confidential information and prohibit its use or disclosure by par- ties, their representatives, and other participants in the proceedings. These obligations may continue even after the proceedings have ended, unless the information loses its trade secret status. 6. Know-How 6.1 Definition and Legal Basis of Know-How Concept of Know-How Slovenian law does not provide an explicit statutory definition of “know-how”. In legal theory, it is under- stood as a body of practical knowledge, experience, technical processes and information that has eco-
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