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ARTICLE · 14 MARCH 2014

Want To Know A Secret?

Wedlake Bell LLP
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Wedlake Bell LLP

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Something is stirring inside Brussels – something big.

United KingdomIntellectual Property

Something is stirring inside Brussels – something big. The pregnancy is still at an early stage, for conception took place only recently; and the gestation period might be lengthy. But if and when there is a safe delivery, the new arrival could well cause quite a stir.

For the European Commission's latest enfant terrible is a directive on trade secrets – specifically, "on the protection of undisclosed know-how and business information against their unlawful acquisition, use and disclosure".  The draft has been formally adopted, and is now going through the Eurocratic motions, which means that it may well be in force by the end of this year.  It has been prompted by the Commission's acknowledgment that the legal protection of trade secrets across the EU is "uneven" and "sub-optimal" (translation: shambolic), and that having 28 different systems of protecting confidential information is not exactly the best way of keeping up with the global competition.

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