Measures, procedures and remedies Section 1 General provisions Article 6 General obligation
1.
Member States shall provide for the measures, procedures and remedies necessary to ensure the availability of civil redress against the unlawful acquisition, use and disclosure of trade secrets. 2.
The measures, procedures and remedies referred to in paragraph 1 shall: (a)
be fair and equitable;
(b) not be unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted delays; and (c) be effective and dissuasive.
- Introduction
- Directive 2016/943
- Subject matter and scope Article 1 Subject matter and scope
- Article 2 Definitions
- Lawful acquisition, use and disclosure of trade secrets
- Article 4 Unlawful acquisition, use and disclosure of trade secrets
- Article 5 Exceptions
- Measures, procedures and remedies Section 1 General provisions Article 6 General obligation
- Article 7 Proportionality and abuse of process
- Implied contractual obligations of an employee
- Equitable duty of confidence
- Vicarious liability of an employer
- Clarification of the issues in dispute
- The witnesses
- Whether the information relied on by Trailfinders was confidential
- The duties owed by Mr La Gette and Mr Bishop
- Relevant acts by Mr La Gette
- Relevant acts by Mr Bishop
- Overlap data
- Whether Mr La Gette was in breach of confidence
- Whether Mr Bishop was in breach of confidence
- Alleged breach of confidence by TCL
- Agency and employment
- Conclusion