The Directive has been implemented by amendments to the Slovak Act No. 513/1991 Coll., Commercial Code, as amended ("Commercial Code").
The implementation has introduced new terminology in relation to the protection of trade secret, namely: (i) trade secret owner, (ii) trade secret violator (infringer), and (iii) goods violating trade secret (infringing goods). The Section 51 of the Commercial Code further clarifies the definition of an infringement of trade secrets and provides demonstrations of what does and what does not constitute an infringement of trade secret.
As the protection of trade secret requires a special concept and means of protection, the broader range of procedural measures has been stipulated in the Commercial Code, e.g. interim measures and corrective measures which consist of a set of obligations which may be placed upon the violators of trade secret, such as the seizure or delivery up of the suspected infringing goods, including imported goods, so as to prevent their entry into, or circulation on the market (Section 55b para (1) lit d) of the Commercial Code), or the recall of the infringing goods from the market (Section 55c para (2) lit b) of the Commercial Code). Another procedural measure of trade secret with an educational character is anchoring the possibilities, resp. the obligations to disclose the court's decision of breach of trade secret (Section 55d of the Commercial Code).
However, the obligation to disclose the court's decision of breach of trade secret is not automatic. The court may only impose this obligation to the violator on the basis of the petition of the owner of trade secret and only in justified cases, given the seriousness of breach of trade secret.
In the past, the protection of trade secret has been only provided through the legal remedies against unfair competition, however, they remain fully applicable.