Netherlands: Act of October 17, 2018, Laying Down Rules for Implementing Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the Protection of Undisclosed Know-how and Business Information [...]

October 23, 2018

Netherlands: The Act of October 17, 2018, Laying Down Rules for Implementing Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the Protection of Undisclosed Know-how and Business Information (Trade Secrets) Against their Unlawful Acquisition, Use and Disclosure (Trade Secrets Act) entered into force on October 23, 2018.

The Act inter alia (i) introduces a new legal definition of the term "trade secret"; (ii) establishes rules and requirements to determine whether the acquisition, use and/or disclosure of trade secrets is unlawful; (iii) provides for more specific enforcement measures, among others, the right to apply to the Court for an injunction against unlawful use or disclosure of a trade secret; (iv) imposes various remedies against infringing goods or materials embedding trade secrets; and (v) enables the Court to grant the prevailing party a full award of legal costs, similar to those in cases of intellectual property rights.