Захист прав інтелектуальної власності на комерційну таємницю в Україні та Європейському Союзі

This article presents a focused legal analysis of trade secret protection as a component of intellectual property, based on a comparative study of Ukrainian and European Union legislation. It examines Ukraine’s legal framework, including the Civil Code, the Law «On Information», the Law «On Protection Against Unfair Competition», and the EU Directive 2016/943 on the protection of undisclosed know-how and business information. The study identifies major challenges in Ukrainian legislation: fragmented regulation, absence of a dedicated law, conceptual ambiguity between «trade secret» and «know-how», and insufficient judicial protection. A comparative examination of trade secrets and know-how highlights their similarities and differences, especially regarding their legal independence from the holder and transferability. The article reviews the implementation of Directive 2016/943 in several EU member states - Germany, France, Scandinavian and Baltic countries, and the Benelux region - demonstrating diverse national approaches to legal liability for trade secret misappropriation. It also compares judicial practices in Ukraine and the EU, noting significant differences in evidentiary standards and legal reasoning. Additionally, the research analyzes the Ukrainian legal mechanisms for liability - civil, administrative, and criminal - and considers the role of the Antimonopoly Committee of Ukraine in protecting trade secrets within the context of unfair competition law. Criminal liability across Europe is also reviewed, showing a wide spectrum of sanctions, from stricter penalties in Sweden and Latvia to more lenient measures in the Benelux countries. The article concludes by advocating for the harmonization of Ukrainian legislation with EU standards. Key recommendations include adopting a specialized law on trade secrets, refining classification criteria, and strengthening civil remedies. Integrating European experience into Ukrainian legal practice is presented as essential for improving the investment climate and enhancing the global competitiveness of Ukrainian enterprises.