UKIPO hosts meeting on implementing trade secrets directive
A meeting convened by the UK Intellectual Property Office to discuss the implementation of the EU trade secrets directive is taking place today.
The directive was adopted in May 2016 by the European Council and obliges EU member states to ensure that victims of trade secret misuse are able to defend their rights in court and seek compensation.
It also provides provisions on ensuring trade secrets are kept confidential during legal proceedings.
EU countries must bring the laws and administrative provisions necessary to comply with the directive into force by June 9, 2018, according to the European Commission.
Law firm Hogan Lovells will be attending the meeting, and stated in a previous report for the Commission the need for greater harmonisation on trade secret laws.
“The need for adequate protection has probably become even more important because technology today allows the simple and quick reproduction of documents and their transmission,” it said in the report.
It went on to stress the importance of harmonisation of post-employment laws to protect trade secrets being shared by ex-employees.
“Although generally restrictions imposed by the law during employment are similar from state to state, the position varies to some extent post-employment.
“This is important because a large proportion of cases involve ex-employees. This issue is entangled with employment law and public policy and some differences are, perhaps, unsurprising.”
The Council has stated that companies, inventors, researchers and creators will be put on “equal footing throughout the internal market” and that the directive will create a “common, clear and balanced legal framework which will discourage unfair competition”.
When approached for comment, an IPO spokesperson said the meeting “gives an opportunity for stakeholders to ask questions and provide their views on the UK's transposition of the directive”.
They added: “UK businesses already benefit from robust trade secrets protection at home, but the directive will ensure a minimum standard of protection anywhere in the EU”.
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