In July 2023, the European Union Intellectual Property Office (EUIPO) published the "Report on the litigation trends regarding the unlawful acquisition, use or disclosure of trade secrets" (the "Report"). This Report provides a thorough analysis of trade secrecy litigation trends across European Union Member States, as mandated under Article 18 of the Directive (EU) No. 2016/943. The Report assessed the status of implementation of Directive No. 2016/943 in European Union Member States as regards the level of standardisation of procedures and remedies provided for under the protection of trade secrecy. The Report pointed out that several aspects of trade secrecy law are expected to be applied in a more standardised manner across all Member States. Furthermore, the Report also noted that the Court of Justice had not yet clarified the provisions of Directive No. 2016/943 and that it will be up to the jurisprudence of the Member States to continue the standardisation process.
Originally published by July, 2023
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