August 2018 – Romanian lawmakers are
preparing new legislation designed to strengthen the protection of
trade secrets. The draft Trade Secrets Law (“the
Draft Law”) is currently under public consultation
and once approved it will implement EU Directive 2016/943/UE (the
“Trade Secret Directive”) into local
legislation. Generally, the Draft Law reflects the requirements
provided under the Trade Secret Directive, while detailing specific
Romanian law procedures vis-à-vis the damages that may be
sought through court proceedings and sanctions that may be imposed
on claimants for passivity during court proceedings.
Under the current wording of the Draft Law, legal entities may
file claims in relation to the protection of their trade secrets
within a period of six years from the moment they knew or should
have known about any illegal obtaining, use or disclosure of their
trade secrets (the standard cases for suspension of the statute of
limitation provided by the Civil Code
