ERA Seminar in Brussels. 6th December 2018. THE EU TRADE SECRETS DIRECTIVE. Transposition into national laws. Protective measures. Litigation
June 2018 was the deadline for EU Member States to implement the Trade Secrets Directive, which harmonises minimum standards of protection for Trade Secrets across the EU.
The Trade Secrets Directive has been transposed in some Member States. But not in all. Since June, the wording and the goals of the Directive must be observed when national law is applied.
THE EU TRADE SECRETS DIRECTIVE: SETTING THE SCENE
The Trade Secrets Directive. Its transposition into Member States’ national law.
LITIGATING BEFORE NATIONAL COURTS. IMPACT OF THE EU TRADE SECRETS DIRECTIVE
Measures, procedures and remedies. How will the EU Directive on Trade Secrets change Trade Secrets litigation?
Balancing between confidentiality and disclosure in court proceedings
Injunctions, precautionary measures and safeguards against abuse of Trade Secrets.
Legal costs. Can the EU Enforcement Directive be applied by analogy?
Alternative dispute resolution as an option instead of litigation?
PREVENTIVE MEASURES TO SAFEGUARD TRADE SECRETS AGAINST DISCLOSURE
Lawful and unlawful acquisition and use of Trade Secrets. A matter of good/bad faith?
Independent discovery or creation. Reverse engineering. Honest commercial practices.
Distinction between knowhow and experienced employee.
Breach of contract and law on unfair competition as the best options?
Whistleblowing. Does the Trade Secrets Directive limit the freedom of expression?
Public interest and disclosure: can it be a threat for employees?
PROTECTING TRADE SECRETS EFFICIENTLY AGAINS MISAPPROPRIATION
Identifying the elements constituting a Trade Secret.
Big data and Trade Secrets.
Trade secret / Patent valuation and Due Diligence.
New contractual arrangements and Trade Secrets.
Creating legal, physical and technical safeguards for Trade Secrets.
Action plans in case of misappropriation of Trade Secrets.
Santiago Nadal
