Seminar on "Trade Secrets - The New Law"

Seminar on "Trade Secrets - The New Law"

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Sales Ended

Date and time


4-5 Gray's Inn Square



United Kingdom

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Non-disclosure agreements (“NDAs”) have been in the news lately since the outing by Lord Haine of a litigant who had obtained an interim injunction from the Court of Appeal to enforce an agreement to keep settlement terms secret. Questions have been asked in the House of Commons and the Prime Minister promised a review and, if necessary, an overhaul of the law governing their use.

Although NDAs can be misused they are important business tools that enable scientists and engineers to seek investors, collaborators and markets for their technology while they are perfecting their inventions, entrepreneurs to discuss new business opportunities with potential partners and parties to disputes to repair relationships by suppressing damaging allegations.

Until June of this year NDAs and trade secrets generally were governed by the law of confidence but the Trade Secrets Directive (2016/943) has harmonized trade secrecy laws of the 28 member states including the UK. While the laws of England and Wales, Scotland and Northern Ireland already complied with many of its provisions the Directive has created new rights and obligations, procedures for their enforcement and remedies for their breach.

The Directive will affect all businesses from start-ups to transnational corporations in all industries as all enterprises rely in trade secrecy to a greater or lesser extent but they are particularly important for the information and communications technology industries as computer programs cannot be patented as such.

In this seminar Jane Lambert will explain what NDAs are, how they work, how they are used, the existing law of confidence, the Directive and its implementing regulations and how they have changed the law, how NDAs should be drafted and policed, how they can be enforced, how they have been abused in the past and how abuse can be resisted.