Enforcement of rights in trade secrets

This chapter examines the enforcement provisions of the Trade Secrets Directive and compares them to the similar provisions in the Directive on Enforcement of Intellectual Property Rights. Even though the enforcement provisions of the Directive are modelled upon the Enforcement Directive, some new measures have been introduced (and others have been omitted). The Trade Secrets Directive introduces (a) an explicit provision on applications concerning the unlawful acquisition, use or disclosure of a trade secret which is manifestly unfounded and where the applicant is found to have initiated the legal proceedings abusively or in bad faith; (b) provisions on limitation period; (c) a list of specific conditions that shall be taken into consideration when granting provisional and precautionary measures, and injunctions and corrective measures and (d) a limitation on the liability for damages of employees towards their employers for the unlawful acquisition, use or disclosure of a trade secret of the employer where they act without intent.