Act
on the 
Protection of 
Undisclosed 
Information with 
Market Value
NN 30/2018 (in force from April 7, 2018)
Zagreb, May 20183ACT ON THE PROTECTION OF 
UNDISCLOSED INFORMATION WITH MARKET VALUE
5. »trade secret« means information which meets
the following requirements:
a) it is secret in the sense that it is not, as a body
or in the precise configuration and assembly of its 
components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question;
b) it has market (commercial) value because it is
secret;
c) it has been subject to reasonable steps under the
circumstances, by the person lawfully in control of the information, to keep it secret.
(2) Information referred to in paragraph 1 point 5 of
this Article include, inter alia, know-how and experience, business information and technological information.
(3) Information referred to in paragraph 1 point 5 of
this Article has market (commercial) value, for example, where its unlawful acquisition, use or disclosure is likely to harm the interests of the person lawfully controlling it, in that it undermines that person’s scientific and technical potential, business or financial interests, strategic positions or ability to compete.
(4) Reasonable steps to keep information referred
to in paragraph 1 point 5 of this Article secret may include the preparation of an internal act on handling a trade secret and a circle of persons and their rights and obligations with handling a trade secret or measures of physical or virtual protection in accessing and handling a trade secret.
SUBSIDIARY APPLICATION OF OTHER 
REGULATIONS
Article 4
(1) The provisions of general regulations to govern
civil procedures shall be appropriately applied in the procedures of civil protection of trade secrets, unless provided otherwise by this Act.
(2) The damages incurred by unlawful acquisition,
use or disclosure of a trade secret are appropriately subject to the provisions of general regulations on civil obligations, unless provided otherwise by this Act.
(3) The procedures of setting provisional measures
are appropriately subject to the provisions of general regulations on security, unless provided otherwise by this Act.
GENDER NEUTRALITY OF EXPRESSIONS
Article 5
The expressions used in this Act and the regulations 
to be adopted pursuant thereto, and which contain gender meaning, refer to males and females equally.PART ONE 
GENERAL PROVISIONS
SUBJECT MATTER AND SCOPE OF APPLICATION 
OF THE ACT
Article 1
This Act lays down and governs the preconditions of 
protection and the rules for protection against unlawful 
acquisition, use and disclosure of trade secrets relating 
to undisclosed information with market (commercial) 
values.
ACQUIS COMMUNAU TAIRE OF THE EUROPEAN 
UNION
Article 2
This Act shall transpo se the followin g directiv es into 
the legislative framework of the Republic of Croatia:
– Directive (EU) 2016/943 of the European 
Parliament and of the Council of 8 June 2016 on the 
protec tion of undisclosed know-how and business 
information (trade secrets) against their unlawful 
acquisition, use and disclosure (SL L 157, 15. 6. 2016)
– Directive 2004/48/EC of the European Parliament  
and of the Council of 29 April 2004 on the enforcement 
of intellectual property rights (SL L 157, 30. 4. 2004).
DEFINITIONS
Article 3
(1) Individ ual definitions i n terms o f this Act shall  
have the following meaning:
1. »trade secret holder« means any natural or legal  
person lawfully controlling a trade secret;
2. »infringer« means any natural or legal pers on 
having unlawfully acquired, used or disclosed a trade 
secret;
3. »infringing goods« means goods, the design, 
characteristics, functioning, product ion process or 
marketing  of which significantly  benefits  from  trade 
secrets unlawfully acquired, used or disclosed;
4. »court« means a commercia l court with territorial 
jurisdiction competent for the protection of industrial 
property, copyright and related rights and other 
intellectual property rights and the High Commercial 
Court of the Republic of Croatia in accordance wit h 
regulations on the organisation, scope of work and 
jurisdiction of courts;
NN 30/2018 4PART TWO  
ACQUISITION, USE AND DISCLOSURE OF TRADE 
SECRETS
LAWFUL ACQUISITION, USE AND DISCLOSURE OF 
TRADE SECRETS
Article 6
(1) The acquisition of a trade secret shall be 
considered lawful when the trade secret is obtained by 
any of the following means:
1. independent discovery or creation;
2. observation, study, disassembly or testing of a 
product or object that has been made available to the 
public or that is lawfully in the possession of the acquirer 
of the information who is free from any legally valid duty 
to limit the acquisition of the trade secret;
3. exercise of the right of workers or workers’ 
representatives to information, consultation and 
participation in accordance with specific regulations or 
the European Union law; or
4. any other practice which, under the circumstances, 
is in conformity with honest commercial practices.
(2) The acquisition, use or disclosure of a trade 
secret shall be considered lawful to the extent that such 
acquisition, use or disclosure is required or allowed by 
specific regulations or the European Union law.
UNLAWFUL ACQUISITION, USE AND DISCLOSURE 
OF TRADE SECRETS
Article 7
(1) Trade secret holders are entitled to apply for the 
measures, procedures and remedies provided for in this 
Act in order to prevent, or obtain redress for, the unlawful 
acquisition, use or disclosure of their trade secret.
(2) The acquisition of a trade secret without the 
consent of the trade secret holder shall be considered 
unlawful, whenever carried out by:
1. unauthorised access to, appropriation of, 
or copying of any documents, objects, materials, 
substances or electronic files, lawfully under the control 
of the trade secret holder, containing the trade secret or 
from which the trade secret can be deduced; or
2. any other conduct which, under the circumstances, 
is considered contrary to honest commercial practices.
(3) The use or disclosure of a trade secret shall be 
considered unlawful whenever carried out, without the 
consent of the trade secret holder, by a person who is 
found to meet any of the following conditions:
1. having acquired the trade secret unlawfully;
2. being in breach of a confidentiality agreement or 
any other duty not to disclose the trade secret; or
3. being in breach of a contractual or any other duty 
to limit the use of the trade secret.
(4) The acquisition, use or disclosure of a trade 
secret shall also be considered unlawful whenever a 
person, at the time of the acquisition, use or disclosure, 
knew or ought, under the circumstances, to have known that the trade secret had been obtained directly 
or indirectly from another person who was using or 
disclosing the trade secret unlawfully within the meaning 
of paragraph 3 of this Article.
(5) The production, offering or placing on the market 
of infringing goods, or the importation, export or storage 
of infringing goods for those purposes, as well as offering 
or providing services where a trade secret is used, shall 
also be considered an unlawful use of a trade secret 
where the person carrying out such activities knew, or 
ought, under the circumstances, to have known that the 
trade secret was used unlawfully within the meaning of 
paragraph 3 of this Article.
EXCEPTIONS
Article 8
The court shall dismiss an application for the 
measures, procedures and remedies referred to in 
Article 7 paragraph 1 of this Act where the alleged 
acquisition, use or disclosure of the trade secret was 
carried out in any of the following cases:
1. for exercising the right to freedom of expression 
and access to information and to freedom of reporting 
as set out in the Constitution of the Republic of Croatia 
and the Charter of Fundamental Rights of the European 
Union, and the act governing the right to access 
to information, as well as the act governing media 
reporting, all in accordance with respect for the freedom 
and pluralism of the media;
2. for revealing misconduct, wrongdoing or illegal 
activity, provided that the respondent acted for the 
purpose of protecting the general public interest;
3. disclosure of a trade secret by workers to their 
representatives as part of the legitimate exercise by 
those representatives of their functions in accordance 
with specific regulations or the European Union law, 
provided that such disclosure was necessary for that 
exercise; or
4. for the purpose of protecting a legitimate interest 
recognised by specific regulations or the European 
Union law.
PART THREE  
CIVIL REDRESS
PERSONS ENTITLED TO REQUEST THE 
PROTECTION OF RIGHTS
Article 9
In addition to the trade secret holder, the protection 
of rights referred to in this Act can be requested by the 
license holder to the extent of his or her authorisation 
based on a legal transaction or the law..5PRESERVATION OF CONFIDENTIALITY OF 
TRADE SECRETS IN THE COURSE OF LEGAL 
PROCEEDINGS
Article 10
(1) The parties, their lawyers or other representatives, 
court officials, witnesses, experts and any other person 
participating in legal proceedings relating to the unlawful 
acquisition, use or disclosure of a trade secret, or who 
has access to documents which form part of those legal 
proceedings, are not permitted to use or disclose any 
trade secret or alleged trade secret which the court 
has, in response to a duly reasoned application by an 
interested party, identified as confidential and of which 
they have become aware as a result of such participation 
or access.
(2) The obligation referred to in the paragraph 
1 of this Article shall remain in force after the legal 
proceedings have ended. However, such obligation shall 
cease to exist in any of the following circumstances:
1. where the alleged trade secret is found, by a final 
decision, not to meet the requirements set out in Article 
3 paragraph 1 point 5 of this Act; or
2. where over time, the information in question 
becomes generally known among or readily accessible 
to persons within the circles that normally deal with that 
kind of information.
(3) The court may, on a duly reasoned application by 
a party, take specific measures necessary to preserve 
the confidentiality of any trade secret or alleged 
trade secret used or referred to in the course of legal 
proceedings relating to the unlawful acquisition, use or 
disclosure of a trade secret.
(4) The measures referred to in the paragraph 3 of 
this Article that may be taken by the court include the 
possibility:
1. of excluding the public from entire proceedings 
or a part thereof;
2. of restricting access to any document containing 
trade secrets or alleged trade secrets submitted by the 
parties or third parties, in whole or in part, to a limited 
number of persons. Before granting access to such 
documents, the court shall warn the persons who have 
access of the obligation referred to in paragraph 1 of 
this Article. The persons who access the documents 
shall sign a statement of their being acquainted with 
such obligation.
3. of prohibiting the copying of documents containing 
trade secrets or alleged trade secrets and their closing 
into a separate envelope that can be opened in the court 
only, where it shall be closed into a separate envelope 
again with indicating on the envelope that the document 
was inspected, the date of inspection and who made 
the inspection;
4. of restricting access to hearings, when trade 
secrets or alleged trade secrets may be disclosed, and 
the corresponding record or transcript of those hearings 
to a limited number of persons; and/or 
5. of making available to any person other than 
those comprised in the limited number of persons referred to in points 2 and 4 of this paragraph a non-
confidential version of any judicial decision, in which the 
passages containing trade secrets have been removed 
or redacted.
(5) The number of persons referred to in paragraph 
4 points 2 and 4 of this Article shall be no greater than 
necessary in order to ensure compliance with the right 
of the parties to the legal proceedings to an effective 
remedy and to a fair trial, and shall include, at least, 
one natural person from each party and the respective 
lawyers or other representatives of those parties to the 
legal proceedings.
(6) The court shall grant or reject the measures 
referred to in paragraph 3 of this Article depending 
on whether the measures are proportionate to the 
infringement referred to in paragraph 1 of this Article.
(7) When deciding on the measures referred to 
in paragraph 3 of this Article and assessing their 
proportionality, the court shall take into account the 
need to ensure the right to an effective remedy and to 
a fair trial, the legitimate interests of the parties and, 
where appropriate, of third parties, and any potential 
harm for either of the parties.
(8) The decision made by the court to set the 
measures referred to in paragraph 3 of this Article 
cannot be appealed.
(9) Any processing of personal data based on the 
measures set referred to in this Article shall be carried 
out in accordance with specific regulations on personal 
data protection.
(10) Submissions and decisions in legal proceedings 
relating to the unlawful acquisition, use or disclosure 
of a trade secret shall not be delivered via electronic 
notice board of the court (e-notice board) but by post.
(11) If the delivery fails, the court shall invite the 
party via e-notice board to take over a submission or 
a decision directly at the court within eight days upon 
such invitation was published.
(12) If the party fails to take over a submission or 
a decision within the period allowed in accordance 
with paragraph 11 of this Article, the delivery shall be 
considered made upon expiry of the eighth day after the 
date of publishing the invitation to take a submission or 
a decision on the e-notice board of the court.
CLAIMS IN CASE OF TRADE SECRET 
INFRINGEMENT
Article 11
(1) The trade secret holder may bring action against 
the infringer and request the identification, the cessation 
of the infringement or the prohibition of the use or 
disclosure of the trade secret.
(2) The trade secret holder may bring action against 
the person who was unauthorised to undertake an 
activity causing a serious threat to unlawfully acquire, 
use or disclose a trade secret, and request the cessation 
of undertaking such activity and the prohibition of 
unlawful acquisition, use or disclosure of the trade 6secret.
(3) The claims referred to in paragraphs 1 and 2 of 
this Article may be filed also against a mediator who 
provides services used by a third party in the activities 
when unlawfully acquiring, using or disclosing a trade 
secret or threatening to unlawfully acquire, use or 
disclose a trade secret.
REQUEST FOR SEIZURE OR DESTRUCTION OF 
INFRINGING GOODS
Article 12
(1) The trade secret holder may bring action against 
the person who unlawfully acquired, used or disclosed 
a trade secret and request that the court:
1. prohibits the production, offering, placing on the 
market or use of infringing goods, or the importation, 
export or storage of infringing goods for those purposes, 
or the offering or providing services using a trade secret;
2. adopts the appropriate corrective measures with 
regard to the infringing goods, including withdrawal of 
the infringing goods from the market, depriving such 
good of its infringing quality and destruction of such 
goods or their withdrawal from the market, provided 
that the withdrawal does not undermine the protection 
of the trade secret in question; and/or
3. orders the destruction of all or part of any 
document, object, material, substance or electronic 
file containing or embodying the trade secret or, where 
appropriate, the delivery up to the applicant of all or part 
of those documents, objects, materials, substances or 
electronic files.
(2) When ordering the withdrawal of the infringing 
goods from the market, the court may order, at the 
request of the trade secret holder, that the goods be 
delivered up to the holder or to charitable organisations.
(3) The court shall order that the measures referred 
to in paragraph 1 of this Article be carried out at the 
expense of the infringer, unless there are particular 
reasons for not doing so.
(4) The measures referred to in paragraph 1 of this 
Article shall be without prejudice to any damages that 
may be due to the trade secret holder by reason of 
the unlawful acquisition, use or disclosure of the trade 
secret.
DECISIONS ON REQUESTS
Article 13
(1) In considering the applications referred to in 
Articles 11 and 12 of this Act, the court shall take 
care that the measures are proportional to the nature 
and intensity of the infringement. It shall also take 
into account the specific circumstances of the case, 
including:
1. the value or other specific features of the trade 
secret;
2. the measures taken to protect the trade secret;3. the conduct of the infringer in acquiring, using or 
disclosing the trade secret;
4. the impact of the unlawful use or disclosure of 
the trade secret;
5. the legitimate interests of the parties and the 
impact which the granting or rejection of the measures 
could have on the parties;
6. the legitimate interests of third parties;
7. the public interest; and/or
8. the safeguard of fundamental rights.
(2) Where the court limits the duration of the 
measures referred to in Article 11 and Article 12 
paragraph 1 point 1 of this Act, such duration shall be 
sufficient to eliminate any commercial or economic 
advantage that the infringer could have derived from 
the unlawful acquisition, use or disclosure of the trade 
secret.
(3) The measures referred to in Article 11 and 
Article 12 paragraph 1 point 1 of this Act shall be 
revoked, upon the request of the person subject to 
the measures anticipated in Articles 11 and 23 of this 
Act, if the information in question no longer meets the 
requirements of Article 3 paragraph 1 point 5 of this Act 
for reasons that cannot be attributed directly or indirectly 
to the person subject to the measures anticipated in 
Articles 11 and 23 of this Act.
(4) At the request of the person liable to be subject 
to the measures provided for in Articles 11 and 12 of 
this Act, the court may order pecuniary compensation 
to be paid to the injured party instead of applying those 
measures if all the following conditions are met:
1. the person subject to the measures anticipated 
in Articles 11 and 12 of this Act at the time of use 
or disclosure neither knew nor ought, under the 
circumstances, to have known that the trade secret 
was obtained from another person who was using or 
disclosing the trade secret unlawfully;
2. execution of the measures in question would 
cause disproportionate harm to the person subject to the 
measures anticipated in Articles 11 and 12 of this Act;
3. pecuniary compensation to the injured party 
appears reasonably satisfactory.
(5) Where pecuniary compensation is ordered 
instead of the measures referred to in Article 11 and 
Article 12 paragraph 1 point 1 of this Act, it shall not 
exceed the amount of royalties or fees which would 
have been due, had the person subject to the measures 
anticipated in Articles 11 and 12 of this Act requested 
authorisation to use the trade secret in question, for the 
period of time for which use of the trade secret could 
have been prohibited.
REQUEST FOR THE DAMAGES, FOR NORMAL 
COMPENSATION AND BENEFITS GAINED 
UNJUSTLY
Article 14
(1) The trade secret holder may bring action against 
the infringer who knew or ought to have known to 7participate in unlawful acquisition, use or disclosure of 
a trade secret and request the damages in accordance 
with general rules on the damages and the rules on the 
damages in accordance with this Act.
(2) The trade secret holder may bring action against 
the infringer who knew or ought to have known to 
participate in unlawful acquisition, use or disclosure of 
a trade secret and who gained benefits from acquiring, 
using or disclosing the trade secret and request such 
benefits to be returned or refunded in accordance with 
general rules on unjust gain.
(3) Requests referred to in paragraphs 1 and 2 of 
this Article do not exclude each other.
(4) When setting the damages, the court shall take 
into account all appropriate factors, such as the negative 
economic consequences, including lost profits, which 
the injured party has suffered, any unfair profits made by 
the infringer and, in appropriate cases, elements other 
than economic factors, such as the moral prejudice 
caused to the trade secret holder by the unlawful 
acquisition, use or disclosure of the trade secret.
(5) Instead of setting the damages referred to in 
paragraph 4 of this Article, the court may, in appropriate 
cases, set the damages against the infringer who 
knew or ought to have known to participate in unlawful 
acquisition, use or disclosure of the trade secret as the 
amount of royalties or fees which would have been due 
had the infringer requested authorisation to use the 
trade secret in question.
REQUEST FOR THE PUBLICATION 
OF JUDGMENTS
Article 15
(1) The trade secret holder may request for the 
final judgment that fulfils in full or in part the request 
for the protection of a trade secret in case of unlawful 
acquisition, use or disclosure is published via public 
media at the expense of the respondent.
(2) The court shall, within the limits of the claim, 
decide about the public media to be engaged for 
the judgment to be published and whether it shall be 
published in full or in part.
(3) If the court decides to publish only a part of 
the judgment, it shall determine, within the limits of the 
claim, to publish the operative part and that part of the 
judgment that contains an evident explanation of the 
nature of the infringement.
(4) Any measure referred to in paragraph 1 of this 
Article shall preserve the confidentiality of trade secrets 
as provided for in Article 10 pf this Act.
(5) In deciding whether to order a measure referred 
to in paragraph 1 of this Article and when assessing 
its proportionality, the court shall take into account the 
value of the trade secret, the conduct of the infringer 
in acquiring, using or disclosing the trade secret, the 
impact of the unlawful use or disclosure of the trade 
secret, and the likelihood of further unlawful use or 
disclosure of the trade secret by the infringer. The court shall also take into account whether the information on 
the infringer would be such as to allow a natural person 
to be identified and, if so, whether publication of that 
information would be justified, in particular in the light 
of the possible harm that such measure may cause to 
the privacy and reputation of the infringer.
REQUEST FOR DATA DELIVERY
Article 16
(1) The trade secret holder who instituted legal 
proceedings for the protection of a trade secret against 
its unlawful acquisition, user or disclosure may request 
the delivery of data on the origins and distribution 
channels of infringing goods or services.
(2) The request referred to in paragraph 1 of this 
Article can be made against the respondent in legal 
proceedings referred to in paragraph 1 of this Article as 
a separate claim or as a manifestation request expressed 
in a gradient lawsuit.
(3) The request referred to in paragraph 1 of this 
Article can also be made against:
– a person in possession of the suspected infringing 
goods when performing his or her economic activity;
– a person using the suspected infringing service 
when performing his or her economic activity;
– a person, when performing his or her economic 
activity, who provides services used in the suspected 
infringing actions; or
– a person who is designated by one of the 
persons referred to in paragraph 2 of this Article or 
subparagraphs 1 – 3- of this paragraph as the person 
participating in the production or distribution of the 
suspected infringing goods or the provision of the 
suspected infringing services.
(4) The request referred to in paragraph 1 of this 
Article shall be submitted as a separate claim or as a 
manifestation request expressed in a gradient lawsuit 
against the related persons as co-litigators against 
the person sued in legal proceedings referred to in 
paragraph 1 of this Article.
(5) The request for delivery of data on the origin of 
goods and distribution channels of the goods referred 
to in paragraph 1 of this Article can, inter alia, include:
– the data on the names and addresses of producers 
and distributors, suppliers and other former possessors 
of the goods, as well as the wholesale and retail sale 
traders intended to receive the goods; and/or 
– the data on the quantities of the goods produced, 
made, delivered or ordered, as well as the prices 
achieved for the related goods.
(6) The person who received the request for delivery 
of the data referred to in paragraphs 2 or 3 of this Article 
may refuse to deliver such data for the same reasons 
for which testimony can be denied in accordance 
with the rules of general regulations governing legal 
proceedings.
(7) If the person who received the request for 
delivery of the data referred to in paragraphs 2 or 3 of 8this Article refuses to deliver such data with no justified 
reason, he or she shall be held liable for the damage 
incurred in accordance with the provisions of general 
regulations governing civil obligations.
(8) The provisions of this Article shall not affect the 
regulations on the manner of using confidential data 
in civil and criminal procedures, on the regulations 
governing the liability for misuse of the rights to receive 
the data and on the regulations governing personal data 
processing and protection.
PROVIDING EVIDENCE DURING LEGAL 
PROCEEDINGS
Article 17
(1) When a respondent in legal proceedings is 
referring to a document or other pieces of evidence 
defined or definable and claiming that they can be 
found with or are available to another party or a third 
party, the court shall invite such persons to submit such 
documents or evidence within a set deadline.
(2) In the proposal for submitting the evidence, a 
party shall make it likely that such pieces of evidence 
can be found with another party or a third party or 
that they are available to them, and if the applicant is a 
claimant, he or she shall also make it likely that his or 
her claim exists.
(3) Where the trade secret holder as a claimant in 
the lawsuit claims that the trade secret was unlawfully 
acquired, used or disclosed in performing an economic 
activity in order to gain economic benefit and makes 
it likely during the proceedings, and where in the 
proceedings he or she refers to banking, financial or 
similar economic documents, deeds and similar pieces 
of evidence and claims that they can be found with or 
are available to another party, the court shall invite such 
party to submit such pieces of evidence, allowing him 
or her a certain deadline.
(4) Before passing a decision to order another party 
or a third party to submit the evidence, the court shall 
invite them to make a statement on the matter.
(5) Where the party or a third party claims not to 
be in possession of the evidence or having it available, 
the court may provide evidence in order to establish 
such fact.
(6) As to the right of the party’s denial to submit 
evidence, the provisions of general regulations 
governing legal proceedings on the right to deny 
testimony shall be appropriately applied.
(7) When deciding on the proposal of submitting 
evidence, the court shall take into account and weigh 
up the interests of the party requesting evidence to be 
submitted in relation to the interests of another party 
and third parties requested to submit evidence, taking 
account of, inter alia, the interests of such persons:
1. not to submit evidence if the related facts can 
be established on the basis of other available evidence 
as well;
2. for evidence to be defined inasmuch as possible considering the circumstances of an individual case and 
to be significant for the proceedings;
3. for the range and the costs of submitting evidence 
not to be as extensive as to be in evident disproportion 
to the meaning of facts wanting to establish; or
4. to protect one’s own or someone else’s trade 
secret.
(8) The interests of the respondent to avoid an action 
for damages or to prevent the claimant from succeeding 
in the proceedings are not a justified reason enough for 
denial of submitting evidence to his or her detriment.
(9) If the provision of evidence referred to in 
paragraph 3 of this Article or the submitting of evidence 
on the basis of this Article is connected with certain 
costs to a third party, the court shall invite the applicant 
to deposit a down payment.
(10) If the party fails to act by the court’s decision 
ordering him or her to submit evidence, the court 
shall, considering all the circumstances, assess at its 
own discretion the meaning of the fact that the party 
in possession of evidence will not act by the court’s 
decision ordering him or her to submit evidence or 
contrary to the court’s belief denies to have evidence 
in possession.
(11) The court’s decision on the proposal to submit 
evidence cannot be appealed by the parties to the 
proceedings.
(12) Based on the decision by which a third party 
is ordered to submit evidence, the court shall proceed 
with enforcement upon proposal in accordance with the 
rules of assurance procedure even before such decision 
becomes final.
(13) A third person shall be entitled to the 
compensation of justified costs incurred in connection 
with the submission of evidence.
(14) A third party needs to request the compensation 
of costs referred to in paragraph 13 of this Article within 
15 days upon the court’s final decision.
PROVISIONAL MEASURES DUE TO UNLAWFUL 
ACQUISITION, USE OR DISCLOSURE OF A TRADE 
SECRET
Article 18
(1) At the request of the trade secret holder, the 
court may order any of the provisional measures 
intended to terminate or prevent unlawful acquisition, 
use or disclosure of a trade secret, inter alia:
– order an adversary to insurance to terminate 
unlawful acquisition, use or disclosure of a trade secret 
or prohibit the use or disclosure of a trade secret; the 
court may order this against a mediator as well whose 
services third parties use in order to unlawfully acquire, 
use or disclose a trade secret;
– prohibit the production, offering or placing on the 
market or use of infringing goods, or the importation, 
export or storage of infringing goods for those purposes;
– order the seizure or delivery up of the suspected 
infringing goods, including imported goods, so as to 9prevent their entry into, or circulation on, the market; 
and or
– prohibit the offering or providing of services using 
a trade secret.
(2) At the request of the trade secret holder who 
makes it likely that a trade secret has been acquired 
unlawfully, is being unlawfully used or disclosed in 
performing the activity to gain economic benefit and that 
such infringement poses a threat of irreparable damage, 
the court may, in addition to the provisional measures 
referred to in paragraph of this Article, also order the 
seizure of movable and immovable property owned 
by the adversary to insurance which are not directly 
related to the infringement, as well as the prohibition of 
disposing with the means on the account with financial 
institutions and of disposing with other assets.
(3) For the purpose of ordering and executing a 
provisional measure referred to in paragraph 2 of this 
Article, the court may request from the adversary to 
insurance or from other parties in disposal thereof to 
deliver banking, financial and other economic data or 
access to other necessary data and documents. The 
court shall ensure the preservation of confidentiality 
and prohibit any misuse of such data.
(4) A provisional measure referred to in paragraph 
1 of this Article may be ordered even without notifying 
the opposing party if the applicant makes it likely that 
otherwise the provisional measure would not be effective 
or that there is a threat of irreparable damage.
(5) A provisional measure referred to in paragraph 2 
of this Article may be ordered even without notifying the 
adversary to insurance if the applicant makes it likely that 
otherwise the provisional measure would not be effective 
or that, taking into consideration the particularly difficult 
circumstance, this would be necessary.
(6) If the provisional measure was ordered without 
notifying the adversary to insurance, the court shall 
deliver the decision on the provisional measure to the 
adversary to insurance immediately upon its execution.
(7) In the decision ordering a provisional measure, 
the court shall specify also the duration of such 
measure, and, if the measure has been ordered before 
the institution of a claim, the period within which the 
applicant shall institute the claim to justify the measure.
(8) The court shall specify the period referred to in 
paragraph 7 of this Article not to exceed 31 calendar 
days upon delivery of the decision to the applicant.
(9) The provisions of this Article shall be without 
prejudice to the possibility of ordering provisional 
measures pursuant to other provisions of this Act and of 
general regulations governing the insurance procedure.
DECIDING ON PROVISIONAL MEASURES
Article 19
(1) In considering an application for the adoption of 
the provisional measures provided for in Article 18 of 
this Act, the court shall take care of their proportionality 
to the nature and intensity of the infringement. Thereby, tt shall take into account the specific circumstances of 
the case, including:
1. the value or other specific features of the trade 
secret;
2. the measures taken to protect the trade secret;
3. the conduct of the infringer in acquiring, using or 
disclosing the trade secret;
4. the impact of the unlawful use or disclosure of 
the trade secret;
5. the legitimate interests of the parties and the 
impact which the granting or rejection of the measures 
could have on the parties;
6. the legitimate interests of third parties;
7. the public interest; and/or
8. the safeguard of fundamental rights.
(2) For the purpose of making it likely that a trade 
secret has been unlawfully acquired, used or disclosed 
or that there is a threat of the trade secret to be 
unlawfully acquired, the court shall request from the 
applicant to provide evidence that may reasonably be 
considered available on the grounds that a trade secret 
exists, that the applicant is the trade secret holder and 
that the trade secret  has been acquired unlawfully, is 
being unlawfully used or disclosed or that there is a 
threat of unlawful acquisition, use or disclosure of the 
trade secret.
(3) Provisional measures referred to in Article 18 
of this Act shall be revoked, upon the request of the 
respondent, if the related information no longer meets 
the requirements of Article 3 paragraph 1 point 5 of 
this Act for reasons that cannot be directly or indirectly 
attributed to the respondent.
(4) Upon the request of the adversary to insurance 
referred to in Article 18 of this Act, the court may, 
instead of executing such provisional measures, order 
the lodging of security to ensure compensation of the 
damages incurred to the trade secret holder.
(5) The lodging of security in exchange of disclosing 
a trade secret is not allowed.
PROVISIONAL MEASURES FOR PRESERVING  
THE EVIDENCE
Article 20
(1) Upon the request of the trade secret holder who 
makes it likely that the trade secret has been unlawfully 
acquired, used or disclosed to that there is a threat of 
unlawful acquisition of the trade secret, the court may 
order a provisional measure for preserving the evidence.
(2) By the provisional measure referred to in 
paragraph 1 of this Article, the court may, inter alia, 
order:
– preparation of a detailed description of the 
infringing goods, with or without taking of samples;
– seizure of the goods made likely of infringing a 
trade secret ; and/or
– seizure of the materials and implements used in 
the production and distribution of the goods made likely 
of infringing a trade secret and the documents relating 10thereto.
(3) The provisional measure referred to in this 
Article may be ordered without notifying the adversary 
to insurance, if the applicant makes it likely that there is 
a risk of evidence being destroyed or irreparable harm 
of incurring.
(4) If the provisional measure was ordered without 
notifying the adversary to insurance, the court shall 
deliver the decision on the provisional measure to the 
adversary to insurance immediately upon its execution.
(5) In the decision ordering a provisional measure, 
the court shall specify also the duration of such 
measure, and, if the measure has been ordered before 
the institution of a claim, the period within which the 
applicant shall institute the claim to justify the measure.
(6) The court shall specify the period referred to in 
paragraph 5 of this Article not to exceed 31 calendar 
days upon delivery of the decision to the applicant.
(7) The provisions of this Article shall be without 
prejudice to the possibility of ordering measures for 
preserving the evidence pursuant to the provisions of 
general regulations governing the insurance procedure.
FINES
Article 21
(1) The court may impose a fine on or order a fine 
against a legal or a natural person who fails to comply 
with any measure adopted pursuant to Articles 10, 12, 
18 and 20 of this Act.
(2) A fine may be imposed on or ordered against 
legal persons referred to in paragraph 1 of this Article 
in the amount of HRK 10,000.00 to 100,000.00.
(3) If the fine is imposed on or ordered against a 
legal person, the court shall impose and order a fine 
referred to in paragraph 1 of this Article in the amount 
of HRK 5000.00 to 30,000.00 on and against responsible 
persons in the legal person as well, if it establishes that 
such persons caused an offence to the legal person by 
acting or failing to act.
(4) A fine may be imposed on or ordered against 
natural persons referred to in paragraph 1 of this Article 
in the amount of HRK 1000.00 to 30,000.00.
(5) If such person who has been imposed a fine by 
the court, in accordance with this Act, fails to act as 
ordered by the court, the court shall impose such fine 
on such person and, if necessary, impose new fines on 
such person all until such person acts as ordered by 
the court.
(6) If a natural person against whom a fine has been 
ordered fails to pay such fine within the period set by 
the court’s decision, such fine shall be substituted by 
imprisonment pursuant to the rules of the criminal law 
on substituting a fine with imprisonment. The sum of 
imprisonments in total substituting the fines ordered 
to a person cannot exceed six months in the same 
procedure.
(7) The imprisonment ordered pursuant to the 
provisions of this Act shall be executed in the manner provided for the execution of imprisonment ordered in 
a criminal procedure.
(8) The fine and the sentence of imprisonment 
ordered shall be executed by the court ex officio, and 
the execution costs shall be borne by the state budget.
(9) The fine as provided for by this Article shall not 
affect criminal liability of the persons who have been 
fined in the procedures by this Act, but the penalty 
ordered as provided for by this Act shall be included in 
the penalty ordered in a criminal procedure.
(10) The penalty payment shall be ordered by the 
court in a decision. The decision on the penalty may be 
appealed within three days upon delivery date of the 
decision. The appeal to the decision on the penalty shall 
be decided on by the court of second instance within 
eight days upon receipt of the appeal.
(11) The appeal referred to in paragraph 10 of this 
Article shall delay the enforceability of the decision.
URGENCY
Article 22
(1) Proceedings regarding unlawful acquisition, 
use or disclosure of a trade secret referred to in this 
Act are urgent.
(2) The period allowed for a statement of defence 
in legal proceedings due to unlawful acquisition, use or 
disclosure of a trade secret is eight days upon delivery 
of the claim to the respondent.
(3) In disputes due to unlawful acquisition, use or 
disclosure of a trade secret, the main hearing shall be 
held within 30 days upon receipt of the statement of 
defence.
(4) The litigation in legal proceedings due to unlawful 
acquisition, use or disclosure of a trade secret before 
the court of first instance shall be completed within one 
year upon filing a suit.
(5) The litigation in legal proceedings due to unlawful 
acquisition, use or disclosure of a trade secret shall 
be completed by the decision of the court of second 
instance on the appeal submitted against the decision 
of the court of first instance within six months upon 
receipt of the appeal.
(6) The decision on a provisional measure shall be 
passed within 30 days upon the date of submitting a 
proposal for setting a provisional measure.
PART FOUR  
FINAL PROVISION
ENTRY OF THIS ACT INTO FORCE
Article 23
This Act shall enter into force on the eighth day 
following the day of its publication in the »Official 
Gazette«.