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Category Archives: Trade Secrets

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U.S. Energy disputes: Patents or trade secrets? Yes, please.

Most energy companies implement Intellectual Property (“IP”) strategies to protect and exploit company IP (offense) and navigate third-party rights (defense). Traditionally, these policies emphasize patents. But today’s IP-savvy energy companies strategically manage both patent and trade secret portfolios throughout a company’s particular energy sector focus. The ascendance of trade secrets reflects recent strengthening of U.S.

EU Trade Secret Protection – Brief v-log summary

Stanislas Roux-Vaillard discusses the key points covered by the EU trade secrets directive that aims at protecting undisclosed know-how and business information. Member States will have to implement all the critical requirements now set as a minimum standard by the directive by 9 June 2018. Watch the v-log here Catch up on our earlier Trade

IP aspects of China’s new controversial Cyber Security Law

China’s Cyber Security Law, which will take effect from 1 June, 2017 was finally adopted on 7 November. The third draft of the law adopted by the Standing Committee of the National People’s Congress, China’s highest legislative authority, contained few changes from the second draft put forward for comment in July, 2016 (see our briefing).

EU Trade Secrets and the Brexit context – IP Academy* session

There is no doubt that trade secrets are valuable business assets, have a direct impact on innovation and are important drivers of competitive advantage in the market. Greater use of outsourcing and collaborations, combined with easier access to data and rising statistics of commercial espionage mean that there is currently an increased risk of trade

U.S. – Develop a digital health IP protection plan

The digital health space is transforming health care with inventions that address complex medical challenges, such as wearable health-tracking devices, sophisticated software programs to improve patient care, and systems that facilitate on-demand doctors’ visits. Given the current legal environment for software-based patents and a fierce competitive landscape, the success of new products in this area

Ready, Set, Respond: Tools to prepare in-house counsel for cybersecurity incidents

One day, your phone likely will ring with news that your organization’s cybersecurity may have been compromised. You need to be ready to respond comprehensively and with confidence. From counselling clients across the globe, our cross-practice team of cybersecurity lawyers is at the forefront of understanding the tools in-house counsel need – so we have

Italy: Client lists – a (trade) secret but not for the supplier

When distribution agreements are terminated, a delicate issue often arises that is closely related to the need of the supplier to ensure continuity of business thereby preserving the goodwill acquired on the market for the products by the earlier distributor. In these cases, while the distributor’s list of clients may be protected as a trade

U.S. – Considering the value of manufacturing trade secrets

These days, licensing between affiliate members of a multinational corporate family is prevalent. While reaching agreement between friendly parties on licensing terms may be easier than it normally would be between arms-length parties from an economic perspective, these transactions are likely to come under intense scrutiny from the relevant tax authorities worldwide. Understanding the value

California non-compete law trumps DTSA

Not long after my article discussing the interplay between the Defend Trade Secret Act (DTSA) injunction provisions and California non-competition law, a federal district court in the Northern District of California opined on this exact issue in Henry Schein, Inc. v. Cook, No. 16-CV-03166-JST, 2016 WL 3418537 (N.D. Cal. June 22, 2016). In Schein, the

US: The DTSA, the Inevitable Disclosure Doctrine, and the Memory Rule

In the Defend Trade Secrets Act (DTSA), Congress generally rejected the “inevitable disclosure doctrine” prevalent in the trade secret law of many jurisdictions. Interestingly, the DTSA appears to leave open whether, and to what extent, the corollary “memory rule” will be applied in connection with a federal trade secret misappropriation claim. Under the inevitable disclosure

US: DTSA Injunctive relief against former employees limited by state law

Although the DTSA provides powerful new rights to trade secret owners, Congress balanced those new rights with the interests of employees by placing important limits on an employer’s ability to restrict employee mobility on trade secret grounds. The DTSA authorizes a federal court to grant an injunction to prevent actual or threatened misappropriation of trade

US: The Defend Trade Secrets Act (DTSA) – What you need to know

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”)  into law, thereby creating a new federal civil cause of action for trade secret misappropriation.  Before the DTSA, trade secret misappropriation claims were asserted under state laws that largely follow the Uniform Trade Secrets Act (“UTSA”).  The DTSA does not

US: New DTSA seizure remedy may be difficult to obtain

The new ex-parte seizure remedy created by the Defend Trade Secrets Act contains many hurdles that may prove highly difficult for trade secret owners to clear. Given that the DTSA does not preempt state trade secret law, trade secret owners may fare better petitioning state courts for an ex parte writs of possession or attachment

US: The Defend Trade Secrets Act – employer notice requirement

The Defend Trade Secrets Act (DTSA) incentivizes employers to update their employment contracts to give notice to employees of the protections offered by the act. In this context, “employees” include independent contractors and consultants as well as traditional common law employees.  The notice provisions kick in immediately, and will apply to confidentiality agreements that are

US: The DTSA – Creating original federal jurisdiction over trade secret theft

On April 4, 2016, the U.S. Senate unanimously passed the Defend Trade Secrets Act of 2016 (“DTSA”) which intends to create a federal civil cause of action for trade secret theft. The bill offers trade secrets owners alternatives to navigating varied state trade secret laws or seeking assistance from the Department of Justice. In essence,

EU Trade Secrets: breaking news – European parliament passes trade secrets law with wide support: in force across EU by 2018

Earlier today, the European Parliament voted by a large majority of MEPs (503 to 131) for the enactment of the long-awaited EU Directive on  trade secrets.   The text of the Directive has already been informally agreed to by the Member States’ Council of Ministers, so its passage into EU law is now something of a

UAE: New Companies law and the protection of trade secrets – what has changed?

The new UAE Companies law that came into force on 1 July 2015 contains a provision titled “Disclosure of company secrets” (article 369). The UAE already has a number of laws that penalise disclosure of trade secrets or impose obligations of confidentiality. This article looks at two questions: 1. what does the new provision add

China’s administrative litigation law amended – slowly moving towards greater rights for market participants?

“Strengthening the rights of plaintiffs challenging administrative conduct… is thus a step in the right direction… for both the IPR and antitrust fields” Introduction In 2013, China’s legislative branch decided to amend the ALL. The main aim of the revision seems to be removing a range of procedural obstacles that plaintiffs face when bringing administrative lawsuits.

EU: Council publishes its view on the draft Trade Secrets Directive

On 26 May 2014 the EU Council adopted a slightly different approach to the Trade Secrets Directive than the Commission which has led to the Council proposing a number of significant changes to the draft While the definition of “trade secret” remains unchanged, the Council has redefined the criteria that could lead to the “acquisition,

The Defend Trade Secrets Act Attempts to Unify United States Trade Secret Law

If enacted, the Defend Trade Secrets Act (DTSA) could be the most important change to U.S. trade secret law in decades. Why have U.S. legislators proposed a bill concerning trade secret law? Democratic Senator Christopher Coons of Delaware introduced the Defend Trade Secrets Act of 2014 (S. 2267) this past April.  The bill is cosponsored