Trade Secrets

– European Union (Protection of Trade Secrets) Regulations 2018, in force since June 9, 2018.

 Note: these Regulations give effect to the EU Trade Secrets Directive (EU 2016/943) (the "Directive").

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– WTO's TRIPS Agreement, since January 1, 1995.

Protection

Definition: according to the Directive, the following definitions apply: "trade secret" means information which meets all of the following requirements: (1) 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; (2) it has commercial value because it is secret; (3) it has been subject to reasonable steps, under the circumstances, by the person lawfully in control of the information, to keep it secret.

Assignment - licensing: possible.

Remedies for misappropriation: where the appropriate court makes a decision that is made on the merits of the case and finds that there has been unlawful acquisition, use or disclosure of a trade secret, the court may, at the request of the applicant (whether pleaded by way of relief or otherwise), order one or more of the following measures against the infringer: (1) the cessation of or, as the case may be, the prohibition of the use or disclosure of the trade secret; (2) the prohibition of the production, offering, placing on the market or use of infringing goods, or the importation, export or storage of infringing goods for those purposes; (3) the adoption of the appropriate corrective measures with regard to the infringing goods; (4) 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. The corrective measures referred to above shall include: (a) recall of the infringing goods from the market; (b) depriving the infringing goods of their infringing quality; (c) destruction of the infringing goods or, where appropriate, their withdrawal from the market, provided that the withdrawal does not undermine the protection of the trade secret in question.