Penningtons Manches

UK 200 2013 position: 90

Codifying trade secrets — protection will deter wrongdoers

In order to encourage businesses to invest in science and innovation, it is vital that those who invest in research and development are afforded sufficient protection for the products, processes, services and know-how that result from that investment.

As the Commission notes in the preamble to the draft directive ‘every IPR starts with a secret’. However, trade secrets are not protected as classical intellectual property rights (IPR) and there is no primary legislation dealing with the protection of trade secrets. This is at odds with most other forms of IPR in the EU.

The Commission believes that a unified approach to the protection of trade secrets throughout the EU will encourage and facilitate cross-border research and development, while discouraging the theft and misuse of trade secrets, which in turn should lead to new products, processes, services and know-how…

Click on the link below to read the rest of the Penningtons Manches briefing.

Backdate to




Abacus House
33 Gutter Lane