What is the scope of trade secret protection in the United Kingdom?

The scope of trade secret protection in the United Kingdom is extensive. Trade Secrets are defined as confidential information that has a commercial value because of its secrecy. Trade secrets can include intellectual property, know-how, customer lists, processes, and formulas. Trade secrets are protected under the UK law, specifically through the Trade Secrets (Enforcement, etc) Act 2018. Under this law, owners of Trade Secrets must take reasonable steps to protect the secrecy of their information from being disclosed or used without their consent. It also provides civil remedies to owners whose secrets have been unlawfully acquired, used, or disclosed. Those remedies include damages for the loss suffered, account of profits, and an injunction to prevent further use. Furthermore, the law makes it a criminal offence to unlawfully acquire, use, or disclose trade secrets. It is also an offence for a person to use knowledge that may have been obtained from someone who has breached a duty to keep the information secret. The offence carries a maximum sentence of 10 years’ imprisonment and/or a fine. Therefore, Trade Secret protection in the United Kingdom is comprehensive and provides both civil and criminal remedies to protect the commercial value of the information.

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