ialci's presentation at Tranoi Paris in January 2016.

1. How will your trade secrets be
protected in the EU?

2. 2
What are the differences?
•IP rights = collection of specific rights and enforced by laws
often litigated in specialist IP courts
•Trade secrets = information and knowledge which is
commercially valuable the secrecy of which is therefore
protected by laws governing confidentiality and contracts,
often employment contracts
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3. 3
EU – what is the current position
•No harmonised definition
•Member states have different approaches, e.g. UK –
defined as „beyond mere confidentiality“ in Faccenda
Chicken Ltd v Fowler [1984] ICR 589
•Closest definition is that of „know how“ in Art 1(i) of EC
Regulation 772/2004
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4. 4
How will trade secrets be
protected going forward in
the EU?
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5. 5
EU institutions have taken steps towards:
•Harmonisation of protection of trade secrets throughout all
member states
•Aligning the level of protection with international standards,
notably Art 39 TRIPS and US
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Definition – key components:
•Secret, because not
generally known or
accessible
•Has commercial value
because secret
•Reasonable steps taken to
keep it secret
Trade secrets directive
Currently at legislative stage
–
Not clear when it will come
into force, but full
compromise on the text was
reached on 15th December
2015

7. What are the main areas of protection?
•Distinction between lawful and unlawful acquisition
•Some public interest protection – e.g. Revealing illegality or
misconduct
•Entitles trade secret holder to civil remedies which must be
available in national courts
•Provisional and precautionary measures available
•Orders such as correction and destruction available
•Damages calculated on basis of negative economic
consequences and moral prejudice in the event of proven
unlawful acquisition