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ARTICLE · 26 NOVEMBER 2020

Brexit And Trade Secrets: 6 Key Things To Know

Gowling WLG
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On 31 December 2020, the Brexit transition period comes to an end, and significant changes to the law in the UK will take effect.

United KingdomIntellectual Property
Gowlings TV
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On 31 December 2020, the Brexit transition period comes to an end, and significant changes to the law in the UK will take effect.

For trade secrets and the law in relation to confidential information, there are some important soundbites for businesses to be aware of - some of which you may already have heard about, while others may be news outside the UK (even for experienced trade secrets lawyers):

  1. English law protecting against the misuse of confidential information, including trade secrets, has evolved in the tradition of the common law, which has long been considered to be compliant with the country's obligations under the TRIPS Agreement with respect to legal protection for "undisclosed information". The tort of breach of confidence protects information which has the "necessary quality of confidence", is communicated in circumstances importing an obligation of confidence, and is used (or threatened to be used) in an unauthorised way to the detriment of

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