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ARTICLE · 17 JANUARY 2019

The Implementation Of The Trade Secret Directive In Austria

In any case, such claims shall become time-barred 6 years after the act of infringement occurred.

AustriaIntellectual Property

Directive (EU) 2016/943 on the protection of trade secrets will be implemented in Austria by an amendment to the Federal Act against Unfair Competition (UWG) and will enter into force on 1 February 2019

With the implementation of the EU Trade Secrets Directive, the protection of trade and business secrets, a legal area that has so far only been rudimentarily developed and mainly characterised by case law, will become an essential component of Austrian competition law.

The provisions of the Trade Secrets Directive are to be implemented in Sections 26a - 26j of the Act against Unfair Competition (UWG) and are intended to provide stronger protection for trade secrets and counteract the danger of industrial espionage and betrayal of secrets.

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