ARTICLE · 26 OCTOBER 2018

Trade Secrets – Make Sure Your Business Isn't Left Behind

Mason Hayes & Curran LLP

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Mason Hayes & Curran LLP

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The Irish legislation, the European Union (Protection of Trade Secrets) Regulations 2018 (Regulations) came into effect in June 2018.

IrelandIntellectual Property

Brian McElligott

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The Irish legislation, the European Union (Protection of Trade Secrets) Regulations 2018 (Regulations) came into effect in June 2018. The Regulations have provided a welcome attempt at harmonising the disjointed area of protection of confidential business know-how. These new laws mark the start of trade secrets being given more formal protection in line with other types of intellectual property rights.

What is a trade secret?

A trade secret is a valuable piece of information for a business that is treated as confidential and gives the business a competitive advantage.

The Regulations mirror the definition of trade secret as set out by Article 2 (1) of the equivalent EU Directive (2016/943). This defines a trade secret as information which meets the following requirements:

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Trade Secrets – Make Sure Your Business Isn't Left Behind

What is a trade secret?

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