The Harmonization and Protection of Trade Secrets in the EU最新文献

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An appraisal of the EU Directive on Trade Secrets 《欧盟商业秘密指令》评析

The Harmonization and Protection of Trade Secrets in the EU Pub Date : 2020-07-31 DOI: 10.4337/9781788973342.00006

Jens Schovsbo, T. Minssen, T. Riis

{"title":"An appraisal of the EU Directive on Trade Secrets","authors":"Jens Schovsbo, T. Minssen, T. Riis","doi":"10.4337/9781788973342.00006","DOIUrl":"https://doi.org/10.4337/9781788973342.00006","url":null,"abstract":"The EU Trade Secrets Directive (‘the Directive’)2 has standardized EU member states’ national laws on the protection of trade secrets. For the first time, a harmonized definition of what constitutes a ‘trade secret’ is established, as well as common measures aimed at preventing the misappropriation of trade secrets and rules for procedures and sanctions. The adoption of the Directive reflects the growing importance of trade secrecy protection internationally. Trade secrets offer protection even for knowhow and business information that cannot be protected by conventional intellectual property rights (IPRs). This could, for instance, be an invention that does not fulfil the requirements to obtain patent protection, such as the eligibility, novelty or nonobviousness criteria or nontechnical business information such as price or customer information. Another advantage of trade secrets is that the protection can in principle last in perpetuity, while conventional types of IPRs offer protection only for a limited period of time. Since it is not the information as such which is being protected, the trade secret holder cannot, however, object to the fact that a third party independently develops identical products, processes, algorithms and so on. Protection lapses as soon as the information protected as a trade secret becomes publicly available or loses its commercial value. As is well known from IPRs, protecting information comes with strings attached. National experiences have shown that protecting trade secrets may give rise to special concerns about defining the protectable subject matter and the scope of the protection. One example includes the many instances where secrets are being developed or used as part of an employment contract. Here an overly","PeriodicalId":162088,"journal":{"name":"The Harmonization and Protection of Trade Secrets in the EU","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127389934","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

UK implementation of the Trade Secrets Directive 英国实施《商业秘密指令》

The Harmonization and Protection of Trade Secrets in the EU Pub Date : 2019-01-21 DOI: 10.2139/SSRN.3393593

Tanya Aplin, R. Arnold

{"title":"UK implementation of the Trade Secrets Directive","authors":"Tanya Aplin, R. Arnold","doi":"10.2139/SSRN.3393593","DOIUrl":"https://doi.org/10.2139/SSRN.3393593","url":null,"abstract":"The EU Trade Secrets Directive 2016/943 was adopted on 8 June 2016 and entered into force on 5 July 2016. Member States were obliged to implement the Directive by 9 June 2018 and despite the UK having given formal notification of its withdrawal from the EU on 29 March 2017, and with Brexit imminent, the UK chose to implement its extant obligations by the deadline. This was done in the form of the Trade Secrets (Enforcement, etc) Regulations 2018 (‘Regulations’), in reliance on section 2 of the European Communities Act 1972. \u0000 \u0000This paper will examine UK law before and after implementation of the Directive. Part 2 discusses UK law as it stood prior to implementation, setting out the judicially developed action for breach of confidence. Part 3 then turns to examine the background, structure and scope of the Regulations. It shows that the Regulations add definitions of “trade secret”, “trade secret holder”, “infringer” and “infringing goods” and explicitly incorporate elements of the enforcement and remedies provisions in the Directive. However, what counts as “unlawful” acquisition, use or disclosure remains defined according to the existing UK law on breach of confidence and there has been no attempt explicitly to incorporate the provisions on lawful acquisition, use or disclosure.","PeriodicalId":162088,"journal":{"name":"The Harmonization and Protection of Trade Secrets in the EU","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132366744","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1