Confidential Information and Trade Secrets

Trade secrets and confidential information are highly valuable rights and can often be more valuable than IP rights. They require no registration and, if properly protected, can last indefinitely. 

They come in various forms: technical "know-how", client lists, pricing information, secret ingredients, databases and even information which is made widely available on a subscriber-only basis, or which may only be confidential (and therefore valuable) for a short period of time.

We work to ensure that our clients' trade secrets are closely guarded and benefit from the maximum protection possible.

If confidential information or trade secrets are misappropriated, businesses need to act quickly. Early and robust intervention is crucial: taking pre-emptive steps or intervening at an early stage can significantly reduce the damage caused to a business - be it financial or reputational.

Working closely with expert investigators and our cyber incident response specialists MDR Cyber, we have considerable expertise in minimising damage caused by trade secrets falling into the wrong hands.  There are often early warning signs, or digital footprints left by would-be thieves. If you are aware of a potential threat to your confidential information, we can advise on the best course of action.

Key Services

  • Advising on how best to protect confidential information and trade secrets, including Non-Disclosure Agreements in a range of scenarios, employment agreements and policies
  • Obtaining a range of powerful court orders such as Search & Seizure orders, Disclosure Orders, Computer Imaging Orders, Freezing Orders, delivery up, interim and final injunctions
  • Advising on related claims such as IP infringement (typically, patents, copyright and database right), breach of contract and economic torts
  • Dealing with data theft and data breach situations, working closely with our cyber incident response specialists MDR Cyber and our Data Protection team.
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