Confidential Information and Trade Secrets
  1. Confidential Information and Trade Secrets

    Confidential information and trade secrets can comprise many different types of information such as: formulae; databases; processes; business plans; designs; financial or statistical information; computer source code; plans and technical drawings.

    If properly protected, confidential information can remain a valuable asset indefinitely as, unlike other intellectual property rights, it is not limited by time. However, maintaining the confidential nature of a company’s sensitive information requires careful consideration and ongoing vigilance.

    Our team advises on all aspects of trade secret and confidential information law. We advise clients (including those in the sensitive defence sector) on issues such as:

    • Drafting and negotiating clauses in employment contracts and stand-alone agreements to establish obligations of confidence
    • The arrangements for sharing and using confidential information with third parties, including in joint ventures and joint development agreements
    • Where valuable trade secrets may already be in jeopardy bringing actions for breach of confidence, including obtaining interim and “springboard” injunctions and search orders
    • The recovery/secure destruction of confidential information

     

  2. Our experience

    • Representing a listed international food producer in an interim injunction application and subsequent High Court proceedings for breach of confidence against a European food company. The claim concerned the alleged misuse of confidential information in secret recipes and food processing techniques.
    • Representing the claimant in a major breach of confidence dispute before the High Court against a large Japanese electronics group, concerning multi-functional devices.
    • Acting for a range of clients from the life sciences, healthcare and technology sectors in actions against ex-employees, contractors and hackers who have misappropriated confidential information and trade secrets.
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