Fill out the following form and an expert from our team will process your application.
22 de October de 2019
On 13 March 2019, the Act on Trade Secrets (LSE) came into force in order to improve the legal protection of business secrets against unfair practices. Here we explain how it affects you and its consequences.
On 13 March 2019, the LSE (Business Secrets Act) came into force in order to improve the legal protection of business secrets against unfair practices. Here we explain how it affects you and its consequences.
Nowadays, intangible assets are estimated to account for around 84% of the business value. So, it becomes necessary to implement a management and optimisation strategy, as is the case with other types of assets of a tangible nature, such as real estate, equipment, deposits, etc.
It is necessary to make an inventory of intangible assets, know their value, protect them, insure them, establish contingency plans, etc.
The Act aims to improve the efficiency of the legal protection of business secrets, against misappropriation or unfair practices, in order to favour and promote innovation, research, knowledge transfer and business competitiveness activities.
The following defence actions against infringers may be exercised to guarantee the protection of secrecy:
Apart from the possibility of taking precautionary measures against the alleged infringer to ensure the effectiveness of the eventual court decision.
(*) Infringing goods are understood as the products and services that benefit significantly from unlawfully obtained trade secrets.
These actions may be taken in the event of infringement of business secrecy, that is, when they have been obtained without the owner’s consent, they are considered illegal and no more than three years have elapsed after they are known.
The Act sets out as information obtained in a lawful manner, not constituting an infringement, when it is derived from:
A new stage opens in the treatment and management of intangible assets, which will demand the implementation of control systems, classification of information, action protocols, training, cybersecurity, intangible asset audits, reviews of agreements with clients, suppliers and employees, favouring the valuation of new assets of intangible nature.