The Directive shall be implemented by an amendment to the Act No. 221/2006 Coll., on the enforcement of industrial property rights (to be renamed as the Act on the enforcement of industrial property rights and trade secrets – the "Act") which already provides similar options as Art 10 para 1 lit c) and Art 12 para 2 lit a) of the Directive for holders of recognised industrial property rights. These options shall also become available for a protection of trade secrets.
According to the Czech legislator, there is no need to implement other provisions of the Directive than Articles 12, 13, and 14. However, one can possibly doubt such a conclusion. The Czech Civil Code already provides a definition of trade secret but it is associated with the enterprise; even though there is no such association within the definition of trade secret in the Directive. The Directive allows member states to enact far-reaching protection for trade secrets. However, narrowing the scope of the trade secret definition seems to be the opposite.
Furthermore, a failure to properly adopt the Directive (especially its Articles 3, 4, and 5) may result in the applicability of the current unfair competition rules when it comes to protection of trade secrets, unless a euro-conform interpretation of relevant statutory provisions takes place.
The Section 4 of the Act already provides options for possible actions in case of unlawful breach of protected rights such as the seizure or delivery up of goods suspected of trade secret infringements (Art 10 para 1 lit c) of the Directive), as well as the recall of infringing goods from the market as a final measure (Art 12 para 2 lit a) of the Directive). The amendment to the Act shall improve this in a way that trade secret is recognised as one of the protected rights.
In accordance with lit a) and lit b) of the Section 4 of the Act an entitled person is empowered to request a recall of the infringing goods from the market and a permanent removal or a destruction of such infringing goods. As to the interim measure, Czech law provides a general option to file for a preliminary injunction which is also available for the protection of trade secrets.