As a special feature of our blog—guest postings by experts, clients, and other professionals—please enjoy this blog entry from Donal O’Connell, Managing Director of Chawton Innovation Services Ltd.
One of the key pieces of legislation related to trade secrets in Russia is the Federal Law of July 29, 2004 on Commercial Secrecy. This was passed by the State Duma on July 9, 2004, and endorsed by the Federation Council on July 15, 2004.
This piece of legislation consists of the following articles or sections …
- Goals and scope of this federal law
- Laws of the Russian Federation on commercial secrecy
- Basic notions used in this federal law (including the definition of a trade secret as well as some details on the handling of trade secrets in agreements)
- Right to classify information as information constituting a commercial secret and methods of obtaining that information
- Data that may not constitute a commercial secret (i.e. what information may not be considered as a trade secret)
- Supply of information constituting a commercial secret (i.e. under what circumstances may a trade secret owner have to divulge the information)
- Protection of the confidentiality of information
- Protection of the confidentiality of information within the framework of employee or labour relations
- Protection of the confidentiality of information as it is passed over to for example state authorities
- Responsibility for violation of this Federal law (i.e. the various penalties for misappropriation)
- Responsibility for non-provision of information constituting a commercial secret to the state power bodies, other state authorities, bodies of local self-government
When an ex-employee goes to a competitor or starts poaching clients or staff, employers often look to a restraint of trade clause to protect key business assets such as client relationships or company confidential information.
The Supreme Court in the UK, the highest court in the country, last week ruled on a restrictive covenant case for the first time in 100 years [Tillman v Egon Zehnder Ltd [2019] UKSC 32 (3 July 2019)]. It has clarified important points on interpretation, the key takeaway being it will now be easier for employers to enforce covenants against departing employees.
As noted in our
In a case highly watched by trade secret lawyers and others, Robert O’Rourke, a 30-year salesman for cast iron products manufacturer Dura Bar, went on trial last week in Chicago (Northern District of Illinois) for allegedly stealing Dura trade secrets before leaving to work for a Chinese competitor. According to the government, O’Rourke was a highly respected salesman at Dura
Continuing our annual tradition, we have compiled our top developments and headlines for 2018-2019 in trade secret, non-compete, and computer fraud law.
Introduction
Throughout 2018, Seyfarth Shaw’s dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant issues facing clients today in this important and ever-changing area of law. The series consisted of seven webinars:
On July 31st, 2018, France adopted a law on trade secret protection, loi n°2018-670 (hereafter “French Trade Secret Law“). The aim of this French Trade Secret Law is to offer companies protection for their economic and strategic information. This legislation implements the Directive 2016/943/EU on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use, and disclosure, enacted by the European Parliament and the Council of the European Union (EU) on June 8th, 2016.