The EUIPO Observatory published a report on the litigation trends regarding the unlawful acquisition, use or disclosure of trade secrets pursuant to Article 18 of the Trade Secrets Directive.

The report covers litigation between 1 January 2017 and 31 October 2022 and shows the level of harmonisation achieved after the implementation of the Directive.

The report consists of three parts:

- a quantitative analysis which is based on statistical trends and reveals a number of differences across Members States;

- a qualitative analysis which provides a theoretical discussion on the interpretation of the definition of trade secrets, unlawful acts, the measures granted under the Directive, and the principle of proportionality;

- a collection of selected cases on trade secrets issued by the courts of the Member States.

--------

At ECTA several Committees are closely following the topic of trade secrets.