Directive 2016/943 impact on the UK system of breach of confidence

  • Directive 2016/943 impact on the UK system of breach of confidence

5.1 The actual practical implications of implementing the 2016 Directive will provide a uniform definition of the trade secret across all Member States, and this will in turn give a minimum level of protection for businesses operating across borders. As it was stated by the European Scrutiny Committee – “the protection of trade secrets under the UK’s common and contract law is consistent with the terms of the proposed draft Directive“,[1] which provides that no substantial changes will occur after the implementation of the 2016 Directive. Practically speaking however, the implementation of the 2016 Directive may provide for a change in the framework of trade secret law, as this may be given a statutory basis, which will provided for a clearer approach to sanctions towards the misappropriation of information that has been used unlawfully.[2]

5.2. I am therefore of the opinion that Directive (EU) 2016/943 will have a minimal impact on the already existing system of protecting trade secrets under the UK common law, with the exception of establishing a level of minimum security for trade secrets across the European Union.

BIBLIOGRAPHY

 

Legislation

 

  • Act on the Protection of Trade Secrets (1990:409) of May 31, 1990
  • Council Directive (EU) 2016/943
  • Council Decision No. 2011/167/EU of 10 March 2011 authorising enhanced cooperation in the area of the creation of unitary patent protection [2011]
  • Council Regulation (EU) No. 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements [2012]
  • Directive (EU) 2015/2436 to approximate the laws of the Members States relating to trade marks [16 December 2015]
  • Directive on the term of protection of copyright and certain related rights amending the previous 2006 Directive (“Term Directive”) [27 September 2011], abogados de accidentes de carro
  • Industrial Property Code (Legislative Decree No. 30 of February 10, 2005, as amended up to Decree-Law No. 1 of January 24, 2012, converted into law with changes by Law No. 27 of March 24, 2012)
  • Regulation (EU) 2015/2424 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) [16 December 2015]

 

Case law

  • Coco v A.N. Clark (Engineers) Ltd [1969] F.S.R. 415
  • Vestergaard Frandsen S/A (now called MVF3 APS) v Bestnet Europe Ltd [2013] UKSC 31
  • Smith & Nephew Plc. v ConvaTec Technologies Inc. [2015] EWCA Civ 607

Articles

  • Anna Aurora Wennakoski, “Trade secrets under review: a comparative analysis of the protection of trade secrets in the EU and in the US” [2016] E.I.P.R. 2016, 38(3)
  • James Morando “Confidential – For your eyes-only” [2011] Managing Intellectual Property, San Francisco, Euromoney Institutional Investor PLC Oct 2011
  • Jean Lapousterle, Christophe Geiger, Norbert Olszak, Luc Desaunettes “Legislative Comment; What protection for trade secrets in the European Union? A comment on the Directive proposal” E.I.P.R. [2016] 38(5)
  • Jon Lang “The protection of commercial trade secrets” E.I.P.R. [2003], 25(10)

Online Materials

  • Baker & McKenzie “Study on Trade Secrets and Confidential Business Information in the Internal Market” [April 2013] <http://ec.europa.eu/internal_market/iprenforcement/docs/trade-secrets/130711_appendix-18_en.pdf> Accessed: 25 March 2017
  • “CODIFYING TRADE SECRETS – PROTECTION WILL DETER WRONGDOERS” [March 2014] Solicitors Journal < http://www.penningtons.co.uk/news-publications/latest-news/codifying-trade-secrets-protection-will-deter-wrongdoers/> Accessed:25 March 2017
  • Osborne Clarke “Protecting trade secrets under English law” [21 May 2015] <http://www.osborneclarke.com/insights/protecting-trade-secrets-under-english-law/> Accessed: 27 March 2017

 

Other Materials

  • Documents considered by the Committee on 12 February 2014 – European Scrutiny Committee – 3 Protection of trade secrets, <https://www.publications.parliament.uk/pa/cm201314/cmselect/cmeuleg/83-xxxiii/8306.htm> Accessed: 27 March 2017
  • Opinion of the Committee on Industry, Research and Energy of the European Parliament, 2013/0402(COD), (29 April 2015)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[1] Documents considered by the Committee on 12 February 2014 – European Scrutiny Committee – 3 Protection of trade secrets, para 3.27 <https://www.publications.parliament.uk/pa/cm201314/cmselect/cmeuleg/83-xxxiii/8306.htm> Accessed: 27 March 2017

[2] Osborne Clarke “Protecting trade secrets under English law” [21 May 2015] <http://www.osborneclarke.com/insights/protecting-trade-secrets-under-english-law/> Accessed: 27 March 2017