What is the scope of trade secret protection in the European Union?
The European Union (EU) has brought in a series of laws around the protection of trade secrets, with the aim of promoting fair competition and introducing a unified system across its 28 Member States. The scope of the trade secret protection is quite broad. It covers any confidential information of a business that gives it an economic advantage, including information related to products or services, manufacturing processes, customer lists, marketing strategies, research, and development activities. It also covers trade secrets that are being stored or transmitted through electronic means, as well as any information related to the production, marketing, organisation or use of products or services. This means that even if the trade secret is revealed to the public, the business can still take legal action to protect it from further unauthorised use. At the same time, the EU also recognises the importance of balance between protecting the interests of businesses and allowing the public to benefit from the free dissemination of information. This means that a trade secret can be revealed if it was discovered independently, or is necessary to exercise freedom of expression or information, or is required to allow a third party to exercise its rights under EU law.
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