Trade Secrets and Confidential Business Information

Trade Secrets (also called "confidential business information" or "undisclosed information" do not benefit from the same protection as other intellectual property. Unlike patented inventions or novels protected by copyright, the holder of a trade secret is not the owner of an exclusive right over its creation and therefore competitors can freely use or develop the same formula. Trade Secrets are only legally protected where third parties have obtained the confidential information by illegitimate means. Trade Secrets are particularly important for smaller businesses that lack the resources to manage intellectual property rights (IPRs.) There are substantial differences in the laws in place in EU countries on protection against trade secret misappropriation, some countries have no specific laws on the issue and furthermore businesses have difficulties understanding and accessing the systems of other MS when they become victims of misappropriation of confidential know-how.

On the 28th November 2013, the European Commission published its Proposal for a Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. The aim of the Proposal is to provide an adequate level of protection and an effective means of redress if trade secrets are misused or stolen

This Keysource contains a selection of recent articles, analysis and stakeholder opinion on protection of Trade Secrets.

ESO: Background information: Commission proposes rules to help protect against the theft of confidential business information http://www.europeansources.info/record/press-release-commission-proposes-rules-to-help-protect-against-the-theft-of-confidential-business-information/

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