EU Proposal For Effective Harmonised Protection Of Trade Secrets

On 28 November 2013, the European Commission released a "Proposal for a Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure".

The proposal was adopted following a study by the European Commission. The results of this study showed that the protection of trade secrets is highly fragmented across the EU Member States (in terms of scope of protection and available remedies), whereas effective protection is needed in order to preserve and further stimulate R&D activity in the EU.

The proposal aims to harmonise the definition of "trade secrets" and the circumstances under which trade secrets will be considered to have been unlawfully acquired, disclosed or used. One of the most noteworthy features of the proposal is the establishment of a common framework for measures, procedures and remedies against the unlawful acquisition, disclosure or use of trade secrets.