José Miguel Lissén coordinates the special issue of the magazine of LES International on the transposition of the Trade Secrets Directive
- More than 10 thousand professionals linked to intellectual property have received the special edition of “Les Nouvelles“
- This issue includes an analysis of the regulations developed by the member countries and recommendations for their implementation in corporate level
Experts associated with the Licensing Executives Society International (LESI) have analysed the national transposition of the European Trade Secrets Directive and they have launched special issue of their journal “Les Nouvelles”. José Miguel Lissén, President of the Organization’s European Committee and partner of ABG Intellectual Property, has coordinated this number that has already been sent to more than 10,000 professionals linked to industrial and intellectual property.
The magazine includes the analysis of different aspects of the national laws developed by 18 member countries of the European Union:
- legal framework,
- application of the law
- procedures that it sets
It also includes recommendations from LES member experts on corporate policies to be implemented by companies in the protection, management and legal defense of trade secrets to adapt themselves to the new environment.
Five states have not yet implemented the Trade Secrets Directive
In the introductory note of the issue, José Miguel Lissén with with Pinsent Masons partner, Emmanuel Gougé, describe the European Directive as
“A true achievement of the European Union in recognizing the importance and competitive advantage that trade secrets bring to businesses and commerce throughout the European Union and the need to protect them from their ever increasing risk of misappropriation”
The special issue of “Les Nouvelles” also publishes a summary table of the current state of the transposition. In 2016 the European Parliament approved the European Trade Secrets Directive. Member countries had two years to transpose it into their respective legal systems. However, only six of them met the deadline and there are still five countries to draft their respective national acts.
Spanish Trade Secrets Act
In Spain, the Trade Secrets Act finally came into force on 13 March, more than eight months late. The head of the Legal and Litigation department of ABG Intellectual Property has collaborated with Javier Fernández Lasquetty (Elzaburu) and Miguel Vidal-Quadras (Vidal-Quadras & Ramón) to analyse it and summarize it for the magazine LES International.
Their recommendation for trade secret holders and licensees is
“to set up a trade secrets protection program whose subject matter would be the identification and protection, from design to commercialization, of the company’s trade secrets”
In their view, such a programme should include at least three types of measures: legal, organisational and technical.
The special issue of “Les Nouvelles” also clarifies and summarizes the measures recommended for any organisation that operates on the European level. The members of the 33 national LES organizations have already received the magazine. As a general rule, it is published on a quarterly basis. Non-LES can get the publication under subscription by clicking here.
José Miguel Lissén is a member of the Board of Directors of LES Spain and Portugal and Chair of the European Committee of LES International. He has more than 20 years of experience as litigator in the field of industrial and intellectual property. It is considered by the international legal directories (Chambers Global, Chambers Europe, IP Stars and Best Lawyers) as one of the most prominent specialists in patent litigation and licensing in Spain. José Miguel joined ABG in 2018 and leads the Legal and Litigation Department.