Judicial orders in the trade secrets law
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With Law 1/2019, the Spanish legislator transposes EU Directive 2016/943, and gives the necessary protection to trade secrets, in order to contribute to legal certainty in a delicate field, where the key is effectiveness. The legal protection of the trade secret is of little use if it is not accompanied by effective measures so that this secret is kept, and in case of violation, ensuring the adoption of all the necessary measures in order to re-establish the situation to that which existed before the violation, minimising the negative consequences that the said violation has occasioned to the prejudiced owner of the secret, and also compensating him/her properly for the damages already occasioned. Finally, the necessary measures must also be adopted to prevent the said violation from happening again in the future. In order to maximise the efficacy of the protection, judicial orders arise as an agile and inexpensive legal tool, available to the Courts, that allows them to guarantee the civil actions provided in Law 1/2019 and secures compliance with the judicial decisions adopted in this field, the ultimate goal being to improve conditions, the framework for the development and use of innovation, and the transfer of knowledge.
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(c) Consuelo Ruiz de la Fuente, 2021
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