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

trade secrets Trade secrets are a type of intellectual property that includes formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily as ...

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

European Parliament The European Parliament (EP) is one of the 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 adopts ...

and the

European Council The European Council (informally EUCO) is a collegiate body that defines the overall political direction and priorities of the European Union. It is composed of the heads of state or government of the EU member states, the President of the E ...

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 Trade secrets are a type of intellectual property that includes formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily asc ...

s, so that companies can exploit and share their trade secrets with privileged business partners across the internal market, 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 ( la, bona fides) 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 ...

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