The Directive has not yet been implemented. However, in 2011 the Serbian Parliament adopted the Act on Trade Secret (Official Gazette of RS No.72/2011) of which provisions are largely similar to the provisions of the Directive.
Pursuant to the Serbian Act on Trade Secret, a trade secret holder may file a lawsuit to court against any person who infringed his trade secret and in such civil law court proceedings (which are deemed urgent proceedings) can request, inter alia: (i) termination of all acts that may lead to the unlawful acquisition, use or disclosure of trade secret and prohibition of the unlawful acquisition, using or disclosing of information that represent a trade secret; (ii) prevention of trade, i.e. depriving and exclusion from trade, alteration or destruction of all objects containing data that represent trade secret, if such data, directly or indirectly, can be visible or can be transferred; (iii) compensation of damages, including the real damage and the lost profit, and if the infringement has been done intentionally, or by gross negligence, the plaintiff may, instead of compensation of material damage, claim up to threefold amount of the usual remuneration that would have been paid had the respective protected subject-matter been used lawfully; etc.
Apart from filing a lawsuit for trade secret infringement, a trade secret holder can request from the court to issue an interim measure of depriving or excluding from trade of all objects containing the trade secret or to issue a measure of prohibition of continuation of already initiated actions that infringe or might infringe the trade secret.
In order for the interim measure or securing of evidence to be ordered by the court, a party requesting such has to provide to court relevant evidence of probability that a damage can be caused due to the unlawful acquisition, use or disclosure of trade secret, and in case of requesting securing of evidence the requesting party must also prove that there is justifiable doubt that evidences shall be destroyed, or that it will be impossible to obtain such evidence later.