Trade secret protection: Global perspectives

For today's innovators looking to keep ahead of the competition, trade secrets can be an alluring option for their seeming simplicity and efficiency. However, the protection they offer is not without its risks – from sophisticated cyber security threats to complex regulatory hurdles across different jurisdictions.

To help you navigate this area with confidence and determine whether trade secret protection is right for your next invention, Gowling WLG's global IP team recently launched a live webinar series titled: Lifecycle of a Smart Idea, which offers a range of international perspectives in its exploration of IP strategy in today's fast-paced innovation sphere.

As a useful complement to the second installment of the series, titled Trade Secrets - The what, how and where of international protection and scheduled for June 3, below we catalogue our team's thought leadership on the topic of trade secrets published since 2017.

North America

• Trade secret enforcement in Canada: How rights holders can secure justice
  This article offers an overview of trade secret enforcement in Canada. In the United States, companies will find two important statutory bases to protect trade secrets: a) the Uniform Trade Secrets Acts and b) the Defend Trade Secrets Act. In contrast, Canada has no "Trade Secrets Act" or equivalent law. Instead, in Canada trade secrets are protected by common-law principles and enforced through common-law torts, such as of breach of confidence or breach of fiduciary duties. Additionally or alternatively, trade secrets may be enforced based on a breach of contract claim (e.g., breach of non-disclosure agreement).

Europe

• Trade Secrets Directive becomes directly effective: changes to the law in the UK, France and Germany?
  In June 2018, the deadline expired for EU Member States to implement the necessary legislation to give effect to the 'Trade Secrets Directive'. In this article, our European experts outline the provisions of the Directive and the highlight the attendant changes in trade secret protection in the UK, France and Germany.
• Trade Secrets Directive - Effective business framework
  In Germany the Trade Secrets law (GeschGehG) came into force on 26 April 2019, fundamentally changing the way trade secrets are protected in the country. This article explores the details of the new law, which is intended to safeguard trade secrets against unlawful acquisition, use and disclosure.

UK

• Trade Secrets Directive has not changed substantive English law principles protecting confidential information
  This article examines recent legal tests of the EU Trade Secret Directive in the United Kingdom, and underscores the fact that, despite the possibility for uncertainty represented by the Directive, the substantive principles governing the protection of confidential information under English law remained unaffected.

More detailed information on trade secrets can be found in the articles and podcasts below:

• Managing trade secrets during and after COVID-19
• Five golden rules for patenting your tech
• Intellectual property and artificial intelligence in the UK
• How to protect trade secrets after the departure of key employees
• Protecting trade secrets with NDA
• Trade secrets made practical and Trade secrets made practical - part 2
• Valuation of trade secrets
• Protecting trade secrets and confidential information