Recruitment and protection of talent: a boardroom issue for pharma

Our article Recruitment and protection of talent: a boardroom issue for pharma is available on our pharma hub here. Technological advancement is key amongst the forces driving change in the pharmaceutical healthcare sectors, with businesses increasingly partnering with non-traditional players such as tech giants, agile biotech start-ups and insurers. In this article we explore how the industry’s increasing focus on tech, including AI, will give rise to a corresponding need to find innovative solutions to attract, retain and incentivise talent experienced in those areas, given the relatively small and highly mobile pool of potential recruits. We also consider the scope for businesses to protect their valuable knowhow and intellectual property from potential threats from ex-employees. Given the critical importance of talent to the pharma industry, we highlight issues that should be factored into strategic decision-making by the board, influencing choices on collaboration, acquisition and business location.

Europe: Developments in EU laws on trade secrets and data protection

  • The Trade Secrets Directive was passed by the Council of Europe on 27 May 2016. It will come into force 20 days after its publication in the EU Official Journal and member states will then have a two year window in which to implement its provisions. It will introduce a harmonised regime for the protection of trade secrets, aimed at encouraging cross border R&D as well as providing more security for confidential information within the EU. Our London office is hosting a seminar on trade secrets and the impact of the Trade Secrets Directive on 1 July 2016. Click here for further information including registration.
  • The General Data Protection Regulation has now been approved and published in the EU Official Journal and will come into force on 25 May 2018. New standards for consent, enhanced information rights and greater sanctions for data processors and controllers indicate a potentially significant impact for employers; organisations should take steps now to prepare for the changes. A detailed briefing will be available shortly – please contact us if you would like a copy.

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EU developments: trade secrets and data protection

  • On 14 April the European Parliament voted to approve the new Trade Secrets Directive aimed at harmonising the definition and protection of trade secrets and undisclosed know-how across Europe. The Council is expected to approve the Directive this month and it could take effect in June this year, with Member States then having a two year window in which to implement its provisions. For further details, see our January briefing (but note that the numbering of the Articles has since changed).
     
  • The European Parliament also approved the new General Data Protection Regulation on 14 April 2016;  the text is available here. It will apply from 25 May 2018. The Regulation is directly applicable in all EU member states and supersedes and replaces the previous European data protection directive and any national data protection regulations based on it (ie, the Data Protection Act 1998 in the UK). Our February briefing on the General Data Protection Regulation is available here.

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Europe: Developments in EU laws on trade secrets and data protection

  • The European Parliament and EU Council have agreed the terms of a Trade Secrets Directive that aims to harmonise the definition and protection of trade secrets and undisclosed know-how across Europe. Once approved and adopted, the Directive could take effect early this year, with Member States then having a two year window in which to implement its provisions.

     

    Companies operating across the EU will welcome a more unified approach which should facilitate cross-border research and development, and provide the mechanisms for an effective response and deterrent against the unlawful disclosure of trade secrets.The Directive is discussed in detail here.

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EU: Will the new Trade Secrets Directive create a unified approach across the EU?

The European Parliament and EU Council have agreed the terms of a Trade Secrets Directive that aims to harmonise the definition and protection of trade secrets and undisclosed know-how across Europe. Once approved and adopted, the Directive could take effect early this year, with Member States then having a two year window in which to implement its provisions.

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EU: Trade Secrets Directive slowly progresses through European Parliament

The EU "Trade Secrets Directive" is gradually making its way through the European Parliament. The Committee on Legal Affairs (JURI) has yet to adopt a draft Report on the proposal; an indicative plenary sitting date for first reading/single reading has been set for 8 September 2015. Meanwhile, the Committee on Industry, Research and Energy (IRE) submitted an Opinion for JURI on 29 April 2015, including the following recommendations and amendments: Continue reading

Singapore: Restrictive covenants in employment contracts

In the recent decision of Lek Gwee Noi v Humming Flowers & Gifts Pte Ltd [2014] SGHC 64, the Singapore High Court raised some interesting questions as to what constitutes sufficient legitimate interest to support a non-competition covenant, examined the distinction between the treatment of employment covenants and sale of business covenants and reviewed the Singapore law position on the doctrine of severance. Continue reading

Hong Kong: Practical tips for employers on protecting confidential information

Confidential information and trade secrets are increasingly valuable assets for any business in today’s market. A recent judgment of the Hong Kong Court of First Instance, Dextra China Limited v Lam Wing Kit, highlights the difficulty employers face when trying to protect that information from misuse by disgruntled or overly ambitious employees. The decision serves as a reminder of the very real threat posed to employers by senior employees with ulterior motives and should encourage employers to consider some of the practical steps they can take to protect themselves. Click here to read the full post including the salient take away points.

Hong Kong: Practical tips for employers on protecting confidential information

Confidential information and trade secrets are increasingly valuable assets for any business in today’s market. A recent judgment of the Hong Kong Court of First Instance, Dextra China Limited v Lam Wing Kit, highlights the difficulty employers face when trying to protect that information from misuse by disgruntled or overly ambitious employees. The decision serves as a reminder of the very real threat posed to employers by senior employees with ulterior motives and should encourage employers to consider some of the practical steps they can take to protect themselves.

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