Know-how, trade secrets and confidential information

Know-how, trade secrets and confidential information are key commercial assets to many businesses. The law protecting such information can provide crucial rights, in addition to the core intellectual property rights.

The law of confidential information can protect a wide range of information ranging from complex and proprietary information, through to relatively mundane information (such as lists of customers or business contacts), which has been collated through sufficient hard work and skill.

The law in the UK has also changed relatively recently with the implementation of The Trade Secrets (Enforcement, etc.) Regulations 2018, which provide a statutory basis for claims in respect of such “trade secrets”.  Previously, the law of confidential information (and the subset of that law applying to “trade secrets”) was exclusively a creation of the English common law.

Waterfront’s specialist confidential information lawyers can guide their clients through these complex laws and add value by:

• Ensuring that businesses are protecting their confidential information internally and externally when dealing with third parties.
• Commercialising their valuable confidential information without compromising their rights.
• Enforcing their rights against breaches.

There is often an overlap between confidential information issues and employment law, when employees and consultants misuse confidential information.

Where there has been a breach of confidence, we can move fast to safeguard those rights. Where appropriate, this can be done urgently and upon application to the courts, without prior notice.

Our team has experience of litigating confidential information disputes and in obtaining, opposing and challenging search and seizure orders, including “doorstep Piller” orders and injunctions.

Search and seizure orders are court orders which can enable the search for and seizure of evidence without warning. The partners in our litigation team are also experienced “supervising solicitors”, having supervised the execution of these orders.

If you would like further advice about safeguarding your know how, trade secrets or confidential information, please contact our team for your free initial chat.