Monthly Archives: February 2018

Unconditional and sufficiently precise.

Examine the view that the distinction between the vertical and horizontal direct effect of directives is more theoretical than real and that, in the interests of reinforcing the rule of law, the Intergovernmental Conference ought to amend the Treaties so … Continue reading

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Garden Leave Clauses

Principle applies mainly to senior members of the company and important e/es – E/ee has a long notice period (6 months) – E/ee is paid to stay away and not work anywhere – his Contract continues while he is at … Continue reading

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Damages – Directive 2004, 2016 will supersede ?

In some EU Member States, the misuse or disclosure of trade secrets can attract penal (criminal or civil) measures, and the Directive includes provision for Member States to allow the penalisation of any person who abusively brings a manifestly unfounded … Continue reading

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Infringing acts; and infringing goods (Article 4)

Currently in the UK, disclosure of confidential information will be excused if it is justified in the public interest. Whilst the court does apply the maxim “there is no confidentiality in iniquity”, it is generally quite narrow in construing it, … Continue reading

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Trade secrets protection under contract law

This definition has been around since the UK had become signatory to TRIPS in 1995. The UK law was required to implement the had to oblige to the requirements set by the convention.  As this definition was already in place, … Continue reading

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