Nowa definicja tajemnicy przedsiębiorstwa. Uwagi prawnoporównawcze na tle regulacji niemieckiej

Abstrakt

The subject of the article are considerations on the content of the definition of a trade
secret introduced into the legal orders of Poland and Germany as a result of the implementation of the Directive of the European Parliament and of the Council (EU) 2016/943 of 8 June2016 on the protection of classified know how and classified business information (trade secret) against their unlawful acquisition, use and disclosure (hereinafter referred to as Directive 2016/943).

The article analyzes in detail the key parts of the new definitions adopted in Poland and Germany and the legal status prior to the implementation of Directive 2016/943 in both countries. Further, the most important differences in the current content of the definitions of trade secret in Poland and Germany have been identified. The article also addresses the issue of possible reasons and potential consequences resulting from the use of different conceptual frameworks in both countries. As a result, the issue of the effectiveness of harmonization of legal provisions in the discussed field was also considered.