The Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (

trade secrets A trade secret is a form of intellectual property (IP) comprising confidential information that is not generally known or readily ascertainable, derives economic value from its secrecy, and is protected by reasonable efforts to maintain its conf ...

) against their unlawful acquisition, use and disclosure is a directive of the

European Parliament The European Parliament (EP) is one of the two legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it ...

and the

European Council The European Council (informally EUCO) is a collegiate body (directorial system) and a symbolic collective head of state, that defines the overall political direction and general priorities of the European Union (EU). It is composed of the he ...

which was adopted by the European Council on 27 May 2016, following an agreement reached with the European Parliament on 15 December 2015,Council of the EU
Trade secrets protection: Council adopts new directive
Press Release 244/16, published 27 May 2016, accessed 12 May 2023 and amendment by the Parliament on 14 March 2016.European Commission

accessed 3 July 2016 The aim of the directive is "to harmonise the existing diverging national laws ithin the EUon the protection against the misappropriation of

trade secret A trade secret is a form of intellectual property (IP) comprising confidential information that is not generally known or readily ascertainable, derives economic value from its secrecy, and is protected by reasonable efforts to maintain its conf ...

s, so that companies can exploit and share their trade secrets with privileged business partners across the

internal market The European single market, also known as the European internal market or the European common market, is the single market comprising mainly the member states of the European Union (EU). With certain exceptions, it also comprises Iceland, ...

, turning their innovative ideas into growth and jobs". EU member states were required to "bring into force the laws, regulations and administrative provisions necessary to comply with this Directive" within two years i.e. by June 2018. Trade secret holders are entitled to apply for remedies following cases of illegal appropriation of documents, objects, materials, substances or electronic files containing the trade secret or from which the trade secret can be deduced.Bird and Bird
Latest News on the Trade Secrets Directive
accessed 3 July 2016 The directive allows that trade secrets may be disclosed in

good faith In human interactions, good faith () is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case with , which i ...

where this is done in order to protect the general public interest.

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References

{{Intellectual property laws of the European Union European Union directives Intellectual property law Secrecy Trade secrets

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See also

References