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UK and EU IP update: Court of Appeal curbs service-out for trade secret claims; limits on iniquity exception after entrapment; EUIPO influencer IP study; webinars and trackers

Published on: 04 December 2025

Published by a LexisNexis IP expert
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Confidential Information

Court of Appeal—application of service gateways to misuse of trade secret claims (Playtech Software Ltd v Realtime SIA)

In Playtech Software Ltd v Realtime SIA [2025] EWCA Civ 1472, the Court of Appeal set aside the High Court’s permission for Playtech to serve its trade secrets and copyright claims on Latvian defendants Realtime SIA and Igors Veliks out of the jurisdiction. Playtech contended that, after leaving its Latvian affiliate, Veliks accessed confidential pre‑launch game material via the Horizon platform, which Realtime then exploited to create competing games. The court concluded that all the impugned conduct occurred in Latvia and any UK loss was merely a consequential economic effect. Consequently, Gateway 21 was not satisfied, as it requires direct damage within the jurisdiction or an obligation of confidence governed by English law. Applying Rome II, Latvian law was the applicable law. The Court of Appeal additionally determined that England was not the proper forum for the related copyright claim, whose centre of gravity was likewise Latvia...

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