New European Union Rules Provide for the Prohibition of Imports Violating Trade Secrets

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On 15 June 2016, new rules for the protection of trade secrets and confidential information1 in the European Union EU were published. The Trade Secrets Directive provides measures against the unlawful acquisition, use, and disclosure of trade secrets, including the ability to seek the prohibition of importation, sale, and use of infringing products, and to obtain compensation. It provides relief similar to that afforded under Section 337 of the Tariff Act of 1930 – a U.S. statute that prohibits the importation, sale for importation, or sale after importation into the United States of articles manufactured using a misappropriated trade secret. The Trade Secrets Directive also parallels the recently enacted federal Defend Trade Secrets Act in the United States...

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