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Amendments to Trademark Laws

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Okt 11, 2018 (Newsletter Issue 17/18)
Hungary
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New Trade Secret Act in Force


The Hungarian parliament has finally adopted the new act on the protection of trade secrets ("Trade Secrets Act") which will transpose the Trade Secrets Directive EU 2016/943 into national law. Hungary implemented the rules of the Directive by way of adopting a separate new act on July 20, 2018. The new act came into force on August 8, 2018.

The definition of trade secret is now amended to be in line with the Directive, including the secret nature of the information. The new definition stresses that trade secret protection only applies if "it has been subject to reasonable steps under the circumstances to keep it secret".

The new Trade Secrets Act moves away from the current Hungarian concept and ensures protection of trade secrets similar to intellectual property rights, especially in the case of an infringement. It removes the trade secret and know-how protection from the personality rights section of the Civil Code and clarifies that they are marketable economic rights. They can be sold as a whole or in part, and they can be licensed to a contracting party.

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Source: www.schoenherr.eu