Part II
Răzvan DINCĂ, Protection of trade secrets through civil procedure law
There are two kinds of hypothesis in which the civil procedure law has to provide adequate remedies for the protection of the trade secrets, protection admitted by the substantial law.
On one side, adequate sanctions should be applied for the infringement of the trade secrets protection. Typically, those sanctions may be enforced by the action for unfair competition, action receiving new avatars after the entry into force of the Government Emergency Ordinance no. 100/2005 regarding the enforcement of the industrial property rights.
On the other side, in situations where the trial has another focus than the protection of trade secrets, the case might be to adduce evidences disclosing information which are secret, either for one party in the trial, or for a third party. In such cases, we need to find solutions able to harmonize the legitimate interest to protect secret information with the principles governing the fair trial such as the adversarial debate, the equality of the parties and the publicity of the trial. I am examining those solutions, on one side based on the actual Civil Procedure Code, on the other side based on the supranational case-law applying to Romania, on the comparative law and on the future Civil Procedure Code, in the form provided by a Project which is under debate in the Parliament at the date when this study is drafted.
Keywords: trade secret, duty of confidence, professional secret, labor secret, unfair competition, provisional measures, interim injunction, statement of claim, obligation to do, enforcement of intellectual property rights, publicity of the trial, adversarial procedure, equality of the parties in trial, ensuring seizure, preservation of the evidences, right to information
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