August 17, 2018 General

Publication of EUIPO report: The Baseline of Trade Secrets Litigation in the EU

‘The Baseline of Trade Secrets Litigation in the EU’, a report commissioned by the EUIPO, examines the current level of trade secrets litigation, as well as the profiles of parties involved and the courts dealing with trade secrets matters.

This study aims to establish a benchmark by with to aid the publication of a report by the EUIPO before the 9 June 2021. This report, under Article 18(1) of Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (the Trade Secrets Directive) is aimed at capturing the impact of the Trade Secrets Directive on legal disputes before civil and criminal courts concerning the misappropriation of trade secrets.

The study itself covers all 28 EU Member States and contains a mapping of the current national legal systems for the protection of trade secrets, competent courts and procedures in place, including remedies against the unlawful acquisition, use or disclosure of trade secrets. Furthermore, the study contains a comparative overview of national case-law across the Member States.

The full text of the study on ‘The Baseline of Trade Secrets Litigation in the EU’ is available here. Further publications are available on our website.