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UK Trade Secrets (Enforcement etc) Regulations 2018: implementing Directive 2016/943—definition, limitation, remedies, confidentiality during proceedings, interim measures, and interplay with common law and confidentiality agreements

Published on: 01 June 2018

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Original news Trade Secrets (Enforcement etc) Regulations 2018, LNB News 18/05/2018 76 SI 2018/597

Measures are introduced to give effect to EU Trade Secrets Directive 2016/943/EU, which protects undisclosed know‑how and business information (trade secrets) against their unlawful acquisition, use and disclosure. While several provisions of Directive 2016/943/EU are already reflected in UK law, these Regulations address the areas where gaps remain and where implementing the Directive will secure legal certainty, making the law more transparent and coherent across all UK jurisdictions in relation to proceedings about the unlawful obtaining, use or disclosure of a trade secret. The Regulations take effect on 9 June 2018.

What is the background to the Regulations and Trade Secrets Directive?

Historically, protection for trade secrets has been inconsistent across EU Member States. Around a third of Member States have no specific legislation addressing the misappropriation of trade secrets, relying instead on common law and judicial interpretation of equitable obligations. This inconsistency arises in part because different countries have approached the issue from different starting points without any overarching co‑ordination (for example, from the evolution of...

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