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Category Archives: Trade Secrets

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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

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