Bucharest, 29 November 2016 – Bucharest Tribunal (TMB) – 6th Civil Division, admitted, in accordance with the provisions of Article 7 para. (3) of Law No. 11/1991 on the repression of unfair competition, a motion for issuing a preliminary injunction by which it provisionally ordered the cessation of the deeds meant to divert competition by using trade secrets and prohibited the conduct of certain activities until the settlement of the main request.
The decision of the court, the first that concerns the issuance of such provisional measures, highlights the importance of inserting Article 7 in the contents of Law No. 11/1991, namely that which makes it possible for the party prejudiced by unfair competition practices to refer directly to the court of law, including by requesting provisional measures which allow the avoidance of the occurrence or increase of a prejudice until the settlement of the main request.
Although the decision is not final, being subject to appeal, it is an important signal for trading companies whose trade secrets represent, many times, extremely important assets and which, once disclosed, can only be protected by legal means.
In this context, the message delivered by TMB is encouraging for the business environment, the dynamic nature of the trade activity receiving an assurance that the unlawful use of trade secrets may be sanctioned in order to consolidate a loyal and fair economic environment.
“The resolution of the court is important as it indicates the desire of the legislator to make sure that trading companies conduct their activity in a loyal and honest manner, by observing the trade secrets of competitors, while the State promptly and expediently intervenes when the important value that trade secrets have for traders is unlawfully diverted by a competitor”, stated the coordinator of the team that dealt with the case, Paul Buta – Partner Mușat & Asociații.
Mușat & Asociații assisted the claimant, an important service provision company in the IT field for the financial-banking sector from the first stages of the project, the team of attorneys involved in the project being coordinated by Paul Buta – Partner, together with Dan Minoiu and Răzvan Pele –Managing Associates and Mateea Codreanu – Associate.