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Publication of the Trade Secrets Directive

Publication of the Trade Secrets Directive

28/06/2016 - Author: José Miguel Lissén Arbeloa, Jesús Muñoz-Delgado Mérida

Publication of the Trade Secrets DirectiveThe recently published EU Directive on the protection of trade secrets provides a harmonised legal framework for the Union which includes aspects such as the definition of a trade secret, the determination of the scope of protection conferred and the measures and remedies that may applied for by a legitimate trade secret holder against those responsible for the unlawful acquisition, use or disclosure of such secret or for the exploitation of infringing goods. In addition, those generating know-how are required to create a culture around the protection of trade secrets, implementing legal compliance measures on which court remedies are dependent.


On 15 June 2016, Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (the Directive) was published in the Official Journal of the European Union. The Directive will come into force on 5 July, with a two-year transitional period for EU Member States to carry out its transposition...

Download pdf:
Publication of the Trade Secrets Directive