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ARTICLE · 01 MAY 2015

The Trade Secrets Directive: A New Framework To Protect Confidential Information

Mayer Brown
Mayer Brown
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In November 2013 the European Commission published proposals for a Trade Secrets Directive with the intention of improving the protection of information that is fundamental to the success of many businesses.

United KingdomIntellectual Property
Mark Prinsley
Mark Prinsley
Oliver Yaros
Oliver Yaros
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Keywords: trade secrets, intellectual property rights

In November 2013 the European Commission published proposals for a Trade Secrets Directive with the intention of improving the protection of information that is fundamental to the success of many businesses. The final draft of the Directive is expected to be published mid-2015 with each member state required to implement the Directive into national law within two years.

Currently trade secret laws are inconsistent across Europe and where the legislature has built in protection for commercially sensitive business information, it is often unconsolidated and complex: In Germany trade secrets are protected by scattered provisions in different laws and regulations and in the UK trade secrets can only be protected under the umbrella of the tort of breach of confidence in common law. In pursuit of the EU's 2020 vision to create a community-wide freedom to innovate and to exploit trade secrets, the European Commission

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