The EU Trade Secrets Directive: all change for trade secret protection in Europe?

Abstract

Dr Rembert Niebel is head of Baker McKenzie’s German Intellectual Property Practice Group. He has extensive litigation experience in the areas of trade secret protection, registered designs and unfair competition law. Dr Lorenzo de Martinis is Managing Partner of the Rome and Milan Offices of Baker McKenzie and coordinator of the firm's IP and TMT practices in Italy. His practice focuses on technology contracts and litigation. He is author of the Study for the EU Commission: preliminary to the Trade Secrets Directive. Dr Birgit Clark is a professional support lawyer for Baker McKenzie's EMEA IP Practice group with a focus on European IP law. She is an extensively published legal author with a specific interest in the intersection between law and technology. The EU Trade Mark Directive No. 2016/943 (“Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure”) came into force on 5 July 2016. With the implementation deadline of 9 June 2018 for EU member states being imminent, this article explains the importance and need for harmonised trade secret protection and aims to provide an overview of the core provisions of the Directive. This legal discussion is combined with practical take away points which trade secret holders may wish to consider in order to protect their trade secrets in this changing legal landscape.