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In-House Insights

We understand that the challenges faced by in-house legal teams are varied and changing rapidly. Our In-house hub provides resources to help provide guidance on a variety of legal and business issues specifically for in-house counsel.

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When does confidential information cease to be confidential? Lessons from Illiquidx v Altana Wealth

The Court of Appeal has upheld a High Court finding that publicly available information, which had been packaged together into an investment strategy, was protected by the law of confidence. The information did not lose that confidence by virtue of being disclosed to over 200 potential investors.  What mattered was that the information had not been made generally available to the public, rather than the number of people to whom it had been passed.

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The Digital Services Act: A valuable tool for IP enforcement

The Digital Services Act (DSA), which entered into force on 16 November 2022, has effected a significant overhaul of the regulatory regime governing online services in the EU. By imposing stricter obligations on online platforms and intermediaries, the DSA aims to address the challenges posed by the growth of the digital economy, specifically in relation to illegal and harmful content. Recent decisions by the European Commission to fine Temu and AliExpress for breaching their risk assessment obligations under the DSA highlight the growing burden placed on digital platforms to reduce the risk of illegal content online, and the Commission's scrutiny of such assessments under the legislative framework. With dupe culture on the rise and counterfeit goods increasingly accessible globally, this article examines the DSA and its value as an enforcement tool for IP rights holders.

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