Here’s a short video made for Practical Law, in which Herbert Smith Freehills IP and Employment Professional Support Consultants, Rachel Montagnon and Anna Henderson, discuss the impact of the UK’s recent Trade Secrets (Enforcement etc) Regulations 2018 and practical approaches to protecting confidential information and trade secrets.
Key issues discussed are:
- The new, common definition of a trade secret
- What constitutes lawful and unlawful acquisition, use and disclosure of a trade secret
- Practical steps businesses can take to protect confidential information
- Considerations in relation to whistleblowing
- Guidance around reverse engineering
- Bringing a claim under the regulations
- Remedies and provision for damages.
These new UK trade secrets regulations have implemented the Trade Secrets Directive ((EU) 2016/943) and came into force on 9 June 2018. Also on our IP Notes blog, see our Milan office’s post on the Italian implementation of this Directive and our previous posting on implementation of the Directive in the UK.