The Directive is to be implemented primarily by changes to the Act on Combating Unfair Competition (the "Act").
The proposed changes to the Act, which are still on-going, may significantly affect the scope of protected trade secrets and the basis of related claims.
Proposed changes to the Act provide a new definition of trade secret and also stipulate that it will no longer be permissible to obtain protected information without authorization. Under current law merely obtaining protected information is not actionable; some improper use or transfer is necessary. In practice, this means that entrepreneurs will be able to pursue claims against competitors infringing their interests at an earlier stage than before.
Additionally, the draft Act removes the statutory time limit of three years for when an employee is prohibited from disclosing, using and transferring trade secrets after termination of an employment relationship. Any implementation of time limits would be left to the agreement of the employer and employee.
The draft of the Act also introduces new remedies that will be available (e.g., publication of a judgment or information about its content and award of remuneration for the use of trade secrets in the future) in the event of a violation of trade secrets.
The Directive's provisions relating to the seizure (Art 10 para 1 lit c) and recall (Art 12 para 2 lit a) of infringing goods have not been directly implemented in the draft as similar remedies are already provided for under Polish law.