The protection of confidential information, know-how and trade secrets is a key pillar of any IP rights protection and enforcement strategy, regardless of their total or partial protection, at a later stage, through the patent system, when those trade secrets are inventions meeting the patentability requirements.
ABG’s Legal Team provides its clients with a robust Trade Secrets Protection Package including a number of legal, technical and organisational steps and measures in order to preserve trade secrets protection and avoid their disclosure.
Those measures include initiatives at the trade secret holder’s internal level with employees and also with suppliers, customers and prospective investors or partners, and also best practices to be followed at human resources level both when conducting interviews with candidates who have had access to trade secrets held by their former employee and also exit employees with researchers, inventors, company officers or key employees who, during the time in which they have worked for the trade secrets company, have had access to trade secrets.
ABG’s Legal Team has had an active role in the implementation process in Spain of the EU Directive of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure, and has one of most active’s litigation practices in Spain in the field of enforcement of trade secrets against legal entities and individuals being directly or indirectly responsible for trade secrets infringement.
Between March and July 2018, ABG’s Legal Team has obtained from a Barcelona-based specialized Court two preliminary injunctions for a leading International software developer and tax and legal content provider, on a complex case involving computer software copyright infringement, trade secrets infringement, free riding and other unfair competition conducts.