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ARTICLE · 09 OCTOBER 2024

Trade Secrets: Maintaining A Holistic Approach To IP

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Finnegan, Henderson, Farabow, Garrett & Dunner LLP

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Trade secrets are a category of intellectual property protected under UK law, defined as confidential information with commercial value. They require reasonable measures for secrecy and can include formulas, processes, and designs. Proper management, including confidentiality agreements and risk mitigation strategies, is essential to prevent unauthorized access and maintain their value.

United KingdomIntellectual Property

What is a trade secret?

Trade secrets are related to intellectual property (IP) rights. The Trade Secrets Directive in the UK was implemented in June 2018 by the Trade Secrets (Enforcement etc) Regulations which state:

"Natural and legal persons shall have the possibility of preventing information lawfully within their control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices so long as such information:

(a) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question;

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