Tag results for 'trade secrets'
Walking out the door in Brazil: trade secrets, confidential information and post-employment obligations
This article examines the Brazilian legal framework governing the protection of trade secrets and confidential information in the context of employment relationships, with a particular focus on the obligations that persist after the employment bond is dissolved. It analyses the relevant statutory instruments, the role of unfair competition law as the primary post-employment enforcement mechanism, available remedies and emerging trends in the Brazilian courts.
Released on Jun 9, 2026
What leaves with the employee? Confidential information and IP risks post-employment
This article examines the legal framework governing trade secrets, confidentiality and intellectual property created during employment under the law of North Macedonia, with a particular focus on employee post-termination obligations. It analyses the protection available to employers, the allocation of economic and moral rights to employee-created works and the role of contractual mechanisms, such as confidentiality clauses, in safeguarding business interests.
Released on Jun 9, 2026
Labour market shifts and the evolution of trade secret protection under Japan’s Unfair Competition Prevention Act
Japan is simultaneously promoting workforce mobility and strengthening trade secret protection. The 2023 amendment to the Unfair Competition Prevention Act expanded the scope of protected data, introduced extraterritorial enforcement and enhanced the remedies available, while the March 2025 revision of the Ministry of Economy, Trade and Industry (METI) Management Guidelines for Trade Secrets addressed generative artificial intelligence (AI), cybersecurity, remote work and research institutions. This article examines these reforms, the evolving case law in this area and the role of non-compete clauses as a calibrated complement to confidentiality obligations.
Released on Jun 9, 2026
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
Towards a more holistic framework for trade secret protection in Türkiye: analysis of the draft law on the protection of trade secrets
In April 2026, the Turkish Ministry of Trade published a draft law on the protection of trade secrets, aiming to establish a more coherent legal framework for trade secret protection, drawing on European Union Directive 2016/943. This article provides a general overview of the draft law by highlighting the conceptual ambiguities, constitutional tensions and legislative inconsistencies likely to shape its implementation in the light of Directive (EU) 2016/943.
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
Guarding the crown jewels: legal strategies to prevent strategic data leaks post‑employment
This article examines the legal strategies available to companies under French law to protect trade secrets from misappropriation by departing employees, with a focus on the contractual, procedural and evidentiary tools shaped by the landmark Law of 30 July 2018 and a series of recent Supreme Court (Cour de Cassation) rulings. It argues that effective protection depends not only on litigation readiness, but on the preventive architecture built before the departure occurs.
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
US whistleblower developments for multinational employers
Whether a practice or policy gives rise to whistleblower risk depends on the court that will rule on a claim and the priorities of the presidential administration. Recent developments illustrate the importance of these considerations, with federal appellate courts diverging on their approaches to the adverse-action and causation elements of a whistleblower claim and the Securities and Exchange Commission returning to aggressive enforcement of prohibitions on restricting employees’ ability to report legal violations to regulators. This article discusses these concerns and what multinationals can do to address them.
Released on Oct 7, 2022