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Amendments to Trademark Laws

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Sep 06, 2018 (Newsletter Issue 15/18)
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The New Trade Secrets Act in Force

The new Trade Secrets Act takes effect on August 10, 2018 which ended now the process of implementing the EU Trade Secrets Directive 2016/943/EU in Finland.

The new Act replaces the provisions of the Unfair Business Practices Act on the unlawful use of trade secrets and technical specifications, and provides clearer and harmonised definitions at the EU level for trade secrets and for the lawful and unlawful acquisition, use and disclosure thereof.

In addition, the Act offers more specific and extensive civil remedies against the unlawful acquisition, use or disclosure of a trade secret, such as provisions that enable courts to order not only precautionary measures, injunctions and damages, but also corrective measures and – under certain conditions – compensation for use instead of an injunction and corrective measures.

The Finnish district courts now will have jurisdiction to decide both civil and criminal cases concerning the unlawful exploitation of trade secrets, whereas the Market Court will hold parallel jurisdiction in civil proceedings where the respondent acts as a legal entity or an entrepreneur.