Implementation of trade secrets directive in Baltic States: a step towards partial harmonisation

ENDue to low patenting intensity, trade secret protection is the primary tool for the protection of valuable entrepreneurial knowledge base in the Baltic states. The adoption of the Trade Secrets Directive, which aims to harmonize trade secret protection at the European Union level, potentially has a significant impact in the region. Nevertheless, there are several reasons why the changes brought by the Trade Secrets Directive may not have a desirable harmonization effect. Firstly, it is a minimum harmonization directive which allows more far-reaching protection in the different EU Member States. Secondly, some aspects of the protection of trade secrets are at the discretion of the EU Member States. Two notable examples are the duration of the limitation period and the scope of the lawful acquisition, use and disclosure of a trade secret. Thirdly, the Directive leaves some essential questions outside its scope. One of such issues is the employee’s duty of confidentiality, especially after the termination of an employment contract. Besides, the Baltic states differ about the additional level of protection - the so-called "confidential information". The paper aims to evaluate the implementation models of the Trade Secrets Directive in the national law of the three Baltic states, i.e., Estonia, Latvia, and Lithuania, and to compare them. Likewise, the paper endeavours to highlight the remaining or newly emerged differences in the legal protection of trade secrets. To achieve this aim, the authors analyse the legal regulation of trade secrets in the three Baltic states before and after the implementation of the Trade Secrets Directive. Keywords: trade secrets, Directive 2016/943, implementation, confidential information, remedies, the Baltic states, employee’s duty of confidentiality.