Tag results for 'intellectual property'

When former employees become a vector for IP infringement, trade secret misappropriation and unfair competition

When a service company loses a key client only to find a newly formed competitor, staffed by former employees, using its own operational tools, already in operation, the legal response rarely rests on a single cause of action. This article examines three interlocking claims under Portuguese law: unfair competition through employee diversion, trade secret misappropriation and copyright infringement. It also surveys the procedural tools available — disclosure orders, injunctions and damages mechanisms — that determine whether the legal response is effective in practice.

Released on Jun 9, 2026

The unregistered asset: protecting trade secrets from misuse by former employees in India

This article explores the legal landscape surrounding the protection of trade secrets in India, with a particular focus on misappropriation by former employees. In doing so, it surveys the judicial standards developed by Indian courts and examines the contractual and operational mechanisms that employers may deploy in the absence of dedicated trade secrets legislation.

Released on Jun 9, 2026

Walking out the door: Australian approaches to safeguarding confidential information and intellectual property

This article examines the legal framework for trade secret protection in Australia, including breach of confidence, copyright, directors’ duties and fiduciary obligations, noting the benefits of a multi-pronged approach. It considers the practical implications of forthcoming reforms that aim to restrict restraint of trade clauses in employment contracts.

Released on Jun 9, 2026

IP and sports in a year of global competitions: legal, strategic and commercial considerations for rightsholders and market participants

This article examines the strategic role of intellectual property in the global sports industry during a year marked by the 2026 FIFA World Cup and the 2026 Winter Olympic Games. It analyses key legal and commercial challenges for rightsholders and third-party market participants, covering athlete image rights, artificial intelligence-generated representations, licensing, broadcasting, anti-counterfeiting and ambush marketing. Practical perspectives from industry practitioners featured in a webinar hosted by the IBA Intellectual Property and Entertainment Law Committee on World Intellectual Property Day 2026 are integrated throughout the article.

Released on May 27, 2026

AI at work: what employers must require, document, and enforce on confidentiality, IP and responsible AI use

As generative artificial intelligence (AI) tools become embedded in everyday workplace practices, Indian employers face growing legal exposure across confidentiality, intellectual property, and governance. This article examines the contractual gaps created by this shift and offers practical guidance for building enforceable AI use frameworks.

Released on Apr 21, 2026

Intellectual Property and Access to Vaccines During the Covid-19 Pandemic

The article provides insight into patents, why and where they are filed, how they are acquired and whether they can hinder access to vaccines.

Released on Aug 12, 2021