Seminar on "Trade Secrets - The New Law" Barclays Eagle Lab MediaCityUK 25 Sept 2018 08:00

Houses of Parliament
Author O Flammger
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Jane Lambert

According to the Intellectual Property Office's Intellectual Property Awareness Survey for 2015, trade secrecy was by far the most popular way of protecting businesses' investment in innovation and marketing. Keeping sensitive business and technical information under wraps and disclosing it only to those who need to know under strict conditions is used far more frequently than patents, trade marks or design registrations.

Until 9 June 2018 trade secrets in England and Wales were protected by the law of confidence.  Now there is a new trade secrecy law for the whole European Union.   Directive 2016/943 of the European Parliament and Council requires member states including the UK to bring their laws in line with a common legislative framework and the British government has done that by means of The Trade Secrets (Enforcement) Regulations 2018.   These regulations are likely to remain in force long after the UK leaves the EU.

The directive and regulations do not supplant the previous law but add to it.  By so doing they create opportunities but also lay pitfalls of which every business should be aware.   As information can be protected by the new law only if reasonable steps have been taken to keep it secret, businesses must tighten their security and review and in some cases re-draft their non-disclosure agreements and every agreement that contains a confidentiality clause.

I have written about the new law in:
I have also drafted a non-disclosure agreement taking account of the new law and step-by-step guidance on bringing proceedings under the trade secrets directive in England and Wales.

As businesses in fintech, e-commerce and ICT rely on trade secrecy more than most, I have been invited to give a talk entitled "Trade Secrets - The New Law"at Barclays Eagle Lab  in Salford on Tuesday 25 Sept 2018 between 08:00 and 09:00.  My talk will cover:
  • what trade secrets are
  • how they are used in business
  • the previous law
  • the main changes made by the new law
  • non-disclosure agreements and confidentiality clauses
  • what to do when a trade secret is acquired, used or disclosed unlawfully
  • the relationship between trade secrets and the new data protection law.
Barclays Eagle Labs is in The Landing in MediaCityUK which is very easy to reach by tram, bus or car (see  Visit to  Barclays Eagle Lab 23 Feb 2018).   Admission is free but as space is limited you should register here.  If you want to discuss this article or the new law generally call me on +44 (0)20 7404 5252 or send me a message through my contact page.

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