News & Analysis as of September 20, 2024

European Union

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A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure. Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera. less -

Jenner & Block Japan Newsletter - January 2024

Jenner & Block on 2/12/2024

Welcome to the January 2024 edition of the Jenner & Block Japan Newsletter, a publication containing updates about legal developments in the United States that may be noteworthy to our clients and other leaders in the...more

JONES DAY PRESENTS®: Trade Secret Enforcement in the United Kingdom

Jones Day on 9/16/2020

Trade secret misappropriation matters in the United Kingdom are governed by the EU's Trade Secrets Directive, which stipulates basic requirements for protection and enforcement across Europe. Partner Rebecca Swindells talks...more

Global Trade Secrets Guide 2020

Hogan Lovells on 2/19/2020

Businesses are increasingly turning to trade secrets as a mechanism to protect their innovations and know-how. In some cases, trade secrets offer an attractive alternative to patent protection. Companies also recognize the...more

EU – Trade Secrets Law: practical implementation by businesses

Hogan Lovells on 3/25/2019

On 14 March, we organized alongside the Association française des juristes d’entreprise (AFJE) a workshop regarding the implementation of the Trade Secret Law in France, which was voted into force on 30 July 2018 and...more

Netherlands: Getting the most out of the new trade secret protection act

Hogan Lovells on 3/8/2019

The new Trade Secret Protection Act came into force recently in the Netherlands. The Act is an implementation of the EU Trade Secrets Directive, which seeks to improve and harmonise the standards of protection of trade...more

New Trade Secrets Law for France

Seyfarth Shaw LLP on 12/5/2018

On July 31st, 2018, France adopted a law on trade secret protection, loi n°2018-670 (hereafter “French Trade Secret Law“). The aim of this French Trade Secret Law is to offer companies protection for their economic and...more

UK Adopts New Trade Secret Regulations: Are Your Trade Secrets Protected?

Littler on 8/6/2018

Imagine you’ve just found out that one of your ex-employees has joined a competitor and has shared your most important trade secret with them. What legal protection do you have?...more

Currents - Energy Industry Insights - March 2018 #4

Spilman Thomas & Battle, PLLC on 3/23/2018

Trump Prepared to Hit China with $60 Billion in Annual Tariffs - "President Trump is preparing to impose a package of $60 billion in annual tariffs against Chinese products, following through on a longtime threat that he...more

Food & Beverage Litigation Update | March 2018 #2

Shook, Hardy & Bacon L.L.P. on 3/12/2018

US, EU Near Agreement on Shellfish Trade - The U.S. Food and Drug Administration (FDA) has proposed to allow the import of raw bivalve molluscan shellfish—including clams, mussels, oysters and scallops—harvested in the...more

UK Reveals Its Future Approach To Trade Secrets

Seyfarth Shaw LLP on 2/26/2018

The UK government has finally launched a consultation on its proposed “Trade Secrets (Enforcement, etc) Regulations 2018,” in advance of the June 9, 2018, deadline to implement the EU Trade Secrets Directive of 2016....more

Top trade secret developments in 2017 for ADG companies

Hogan Lovells on 4/20/2017

Trade secrets form one of the most valuable assets of technology companies. The protection of trade secrets is widely seen as essential to foster innovation and economic growth. This past year, both the United States (U.S.)...more

Trade Secrets: Changes In The Law On Protection Of Trade Secrets In The United States And European Union

Ladas & Parry LLP on 9/22/2016

Concerns about trade secret theft have been increasing in both the United States and Europe in recent years. Traditionally, American law disfavored trade secret protection vis à vis patenting on the basis that publication of...more

Trade Secrets in the Spotlight Again: the EU Directive

McDonnell Boehnen Hulbert & Berghoff LLP on 9/15/2016

May 2016 was a banner month for trade secret protection around the world. On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”) into US law, creating a new Federal cause of action for...more

Keep Quiet and Carry On under the EU Trade Secrets Directive

Bracewell LLP on 6/27/2016

Much as the recent U.S. Defend Trade Secrets Act establishes uniform federal trade secrets protections across the states, the EU Trade Secrets Directive (the “Directive”) harmonizes similar protections across its Member...more

A Balanced Trade Secrets Protection Regime Adopted by the EU

McGuireWoods LLP on 6/2/2016

On May 26, 2016, the Council of the EU unanimously adopted the directive on the protection of undisclosed know-how and business information (trade secrets). The directive also provides guidelines for the protection of trade...more

Can You Keep A Secret? The European Union’s New Directive on Trade Secrets and its Impacts on Whistleblowers

Orrick - Trade Secrets Group on 5/27/2016

It is no secret that the European Union’s (“EU”) Directive on Trade Secrets was a long time in the making. The Directive was first proposed in November 2013. After roughly two years of debate and revision, the revised...more

New EU Trade Secrets Directive Formally Adopted

Dechert LLP on 5/27/2016

The new EU Trade Secrets Directive aims to harmonise the protection of trade secrets across all EU Member States. The reform seeks to give businesses greater confidence in sharing trade secrets across multiple Member States...more

Breaking News: European Parliament Approves Trade Secrets Directive

Seyfarth Shaw LLP on 4/15/2016

On April 14, 2016 (by a vote of 503 to 131 with 18 abstentions), the European Parliament approved the text of a proposed Directive for the protection of trade secrets in the European Union. Once approved by the European...more

EU Reaches “Provisional Agreement” on New Trade Secret Directive

Orrick - Trade Secrets Group on 1/18/2016

The Council of Ministers announced that the Luxembourg presidency had reached a “provisional agreement” with the European Parliament representatives regarding a new Trade Secret Directive (“Provisional Directive”) on December...more

Proposed US and EU Trade Secrets Laws Progress but Unlikely to be Enacted This Year

Seyfarth Shaw LLP on 11/2/2015

There’s no doubt that protection of trade secrets is a major concern for most businesses operating in today’s global economy. As we have previously discussed, a few years ago CREATe.org and PwC US released a report that...more

Employment Law Commentary -- Volume 26, Issue June 2014 -- Protecting Trade Secrets Globally: Comparing The U.S. And EU

Morrison & Foerster LLP on 7/1/2014

International attention to misappropriation of trade secrets has never been at a higher level. In early May 2014, a U.S. federal grand jury indicted several Chinese military officials for allegedly misappropriating trade...more

European Union To Adopt Union-Wide Trade Secrets Law

Carlton Fields on 11/22/2013

In a move heralded by businesses and intellectual property attorneys alike, the European Commission recently indicated that, on Nov. 27, 2013, it will adopt a proposed directive to harmonize national laws making a comparable...more

Perquisition Privée: France Ahead Of U.S. In Allowing Trade Secret Owners To Seize Property From Suspected Thieves

Orrick - Trade Secrets Group on 9/13/2013

Can trade secret owners secretly petition a court to seize property from a competitor that they suspect of stealing trade secrets? In the United States, the answer is: “Not yet.” This is one of the issues that Congress is...more

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