Legal Protection of Trade Secrets: Case Study of Latvia, Present Issues and Perspectives

Abstract: The topic of this graduate essay is 'Legal Protection of Trade Secrets: Case Study of Latvia, Present Issues and Perspectives'. The purpose of this thesis is to examine how trade secrets are protected at the international and regional level&semic to analyze how international requirements are implemented in Latvia as well as to propose feasible improvements in a model of legal protection and regulation of trade secrets in Latvia, which take into account the international requirements. For many years, there was no need for effective protection of trade secrets in Latvia due to the fact that it was part of the Soviet Union. After the collapse of the Soviet Union, many changes happened in Latvia such as regaining of independence and joining the European Union. These changes had great impact on people's lives in general as well as in the legal area. The question of legal protection of trade secrets became essential. Unfortunately, the system of legal protection of trade secrets, which exists in Latvia, does not fully correspond to international requirements and it is necessary to make amendments in Latvian legal acts. The essay consists of the introduction, three main parts and final part. The introduction gives the motivation for the choice of the thesis topic and shows the meaning and relevance of the problem to current jurisprudence. The introduction further articulates the research objective. Part 1 of this work is sub-divided into two sections. Section 1 introduces the concept of a trade secret and describes its essential features at the international and the regional level. Section 2 discusses the interrelation of trade secrets and know-how. Part 2 gives an overview and shows the necessity of trade secret protection, discusses connection between trade secret protection and such fundamental human rights as right to work and right to freedom of information, Part 2 also describes the legal rights of a holder of trade secret and specifies trade secret protection methods: security, management and contractual measures before the infringement of trade secret, and civil remedies and criminal penalties after the infringement. Part 3 of the thesis deals with issues connected with the legal meaning of a trade secret as given in legal acts that are valid in Latvia. Part 3 also describes the legal protection methods of trade secrets that can be utilized in case of trade secret infringement and analyzes how international requirements for protection of trade secrets are implemented in Latvian legislation. The final part of the work summarizes the conclusions reached in the course of the thesis, and proposes feasible improvements in a model of legal protection and regulation of trade secrets in Latvia, which take into account the international requirements.