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Category Archives: Trade Secrets

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Protecting trade secrets in the EU and US – LimeGreen Live webinar recording

On 9 October we held the fifth in our LimeGreen Live webinar series. This instalment explored how the US and EU member states are handling trade secret protection: what the differences are, where you might face challenges and how best to proceed in securing adequate protection and enforcing your rights throughout the US and the

Protecting trade secrets in the EU and US – LimeGreen Live Webinar

Join us on 09 October for the fifth in our LimeGreen Live webinar series. In this webinar we will look at how the US and EU member states are handling trade secret protection: what the differences are, where you might face challenges and how best to proceed in securing adequate protection and enforcing your rights throughout the US

Artificial Intelligence and your business: A guide for navigating the legal, policy, commercial, and strategic challenges ahead

Virtually all industries are being reshaped with the use of Artificial Intelligence and advanced machine-learning. Everything from healthtech to self-driving vehicles, to education and smart homes, drones and space, social media, and beyond is being affected. These new technologies present a variety of commercial opportunities and the potential to change our daily lives. At the

Trade Secrets: UK implements EU Directive on time but uncertainties remain

On Saturday, 9 June 2018, with little or no fanfare, the UK’s Trade Secrets (Enforcement, etc) Regulations 2018 (SI 2018 No. 597) came into force.   These  Trade Secret Regulations implement into UK law the 8 June 2016 EU Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use

EU Trade Secrets Directive: Upcoming seminars – Munich/Amsterdam

Trade secrets can be one of your most valuable assets, but due to the lack of a consistent framework in Europe, effectively protecting trade secrets can often prove challenging. This will be changing: by 9 June 2018 Member States of the European Union must implement the EU Trade Secrets Directive into national law. The Directive will harmonize trade secrets laws

UKIPO consultation paper contains unexpectedly wide-ranging proposals on new trade secrets law (responses by 16 March 2018)

The UKIPO has this week issued a consultation paper on the proposed UK Trade Secrets (Enforcement, etc.) Regulations 2018. The consultation seeks the views of interested parties on the draft Regulations which are intended to transpose the EU Trade Secrets Directive ((EU) 2016/943) into UK law.  The consultation will run until 16 March 2018 with

Germany: Hogan Lovells at Forum seminar on new EU ‘trade secrets’ directive

EU Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure must be implemented in the EU Member States by June 2018. The Directive seeks to address the increasing importance of trade secrets, the growing threat to classified information and how to effectively combat industrial espionage and protect secrets.

Drones – Is the sky the limit? -‘Intellectual Values seminar series #3’ video

On 17 October 2017, Hogan Lovells, London hosted its annual ‘Intellectual Values’ seminar which this year focused on the ‘connected world’. Paul Joukador, a partner in our London Tech Hub, gave a talk on the commercial opportunities and challenges arising from drone technology. A drone is an unmanned air-borne vehicle that shares what it sees

US: Our ITC lawyers speaking at 2017 MIP Trade Secrets Forum

We are proud to be sponsoring and speaking at this year’s MIP Trade Secrets Forum in Palo Alto, California. The September 26, 2017 event brings together leading legal and corporate experts to discuss the newly enacted Defend Trade Secrets Act (DTSA) and emerging litigation options. Three of our International Trade Commission (ITC) lawyers will participate in

IP Newsletter – French language / Français

Our Paris team is delighted to provide IP news and updates in French language. The latest edition, #16 from September 2017 can be accessed at the link below. Lettre d’actualité IPMT – Français (French language)

UK moves to implement Trade Secrets Directive

Tomorrow Hogan Lovells will join other interested parties at a round table meeting convened by the UK Intellectual Property Office to discuss the proposed approach to implementation of the new Trade Secrets Directive into English law. The deadline for implementation of the Directive is June 2018, before Brexit, and so the meeting should be interesting on

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