NIPC Law

Royal Courts of Justice Author Aurelien Guichard   Licence CC BY-SA 2,0   Jane Lambert Court of Appeal (Lord Justice Lewison, Lady Justice Asplin and Lord Justice Arnold)  Travel Counsellors Ltd v Trailfinders Ltd [2021] EWCA Civ 38 (19 Jan 2021) This was an appeal by Travel Counsellors Ltd ("TCL") against the judgment of His Honour Judge Hacon in  Trailfinders Ltd v Travel Counsellors Ltd and others   [2020] EWHC 591 (IPEC) (12 March 2020) that Andrew La Gette and David Bishop, the second and fifth defendants had both acted in breach of their contracts of employment and in breach of equitable obligations of confidence to Trailfinders Ltd and that TCL had acted in breach of an equitable obligation of confidence.  I discussed the case in  Trade Secrets - Trailfinders Ltd v Travel Counsellors Ltd. and Others   on 20 March 2021. It is not clear from the transcripts of either the appeal or the trial whether it was the trial judge or a Lord Justice w...

Anthony M. Rome,  - Flickr, CC BY 2.0,  Source   Jane Lambert Court of Appeal (Lords Justices Davis, Arnold and Popplewell)  Shenzhen Senior Technology Material Co Ltd v Celgard, LLC (Rev 1) [2020] EWCA Civ 1293 (9 Oct 2020) This was an appeal from Mr Justice Trower's decision in    Celgard, LLC v Shenzhen Senior Technology Material Co Ltd [2020] EWHC 2072 (Ch) (30 July 2020) which I discussed in  Trade Secrets - Celgard, LLC v Shenzhen Senior Technology Material Co Ltd . on 31 July 2020. The action was for breach of confidence and infringement of Directive (EU) 2016/943 ("the Trade Secrets Directive") .  The claimant, Celgard LLC, had obtained from Mr Justice Trower an interim injunction and permission to serve process on Shenzhen Senior Technology Material Co Ltd. ("Shenzhen") outside the jurisdiction. Shenzhen appealed on the ground that the judge had been wrong to hold that there was a serious issue to be tried and that England was the appro...

By Tkarcher - Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=21882537 Jane Lambert Chancery Division  (Mr Justice Trower)   Celgard, LLC v Shenzhen Senior Technology Material Co Ltd  [2020] EWHC 2072 (Ch) (30 July 2020) This was an application by Celgard LLC ("Celgard") for an interim injunction to restrain Shenzhen Senior Technology Material Co Ltd ("Senior") from placing its battery separators onto the UK market or importing them into the United Kingdom on the ground that such marketing and importation would infringe Celgard's rights under the Trade Secrets Directive ( 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 (Text with EEA relevance ) OJ L 157, 15.6.2016, p. 1–18) and at common law.  Celgard al...

Author Ashte   Licence CC BY-SA 3.0  Source  Wikipedia "Trilfinders " Jane Lambert Intellectual Property Enterprise Court (Judge Hacon)   Trailfinders Ltd v Travel Counsellors Ltd  and other s [2020] EWHC 591 (IPEC) (12 March 2020) This is the first case that I have seen in which the Trade Secrets Directive ( Directive (EU) 2016/943 of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ 15.6.2016 L 157/1)  has been considered by an English judge. I have written quite a lot about that Directive and I have always taken the view that it creates new rights and obligations while leaving the law of confidence more or less intact (see Jane Lambert The Trade Secrets Directive 7 July 2020 NIPC Law). In   Trailfinders Ltd v Travel Counsellors Ltd and others  [2020] EWHC 591 His Honour Judge Hacon quoted in full the first 7 articles of t...

Kerry Group's Headquarters in Tralee Author: Hajotthu Source: Wikipedia Creative Commons Licence Kerry Ingredients (UK) Ltd v Bakkavor Group Ltd and Others [2016] EWHC 2448 (Ch) (7 Oct 2016) Mr Justice Newey The issue in this case was whether a food manufacturer that had received secret information on the manufacture of edible infused oils from its supplier for health and safety and regulatory purposes only could use that information to develop its own range of infused oils. The Parties The claimant was a wholly owned subsidiary of Kerry Group Plc . The group describes itself as "the largest and broadest industry innovation and solutions provider in the global ingredients and flavours market." The Kerry Group produces more than 30 infused oils at its plant at Padiham near Burnley. Its main products, each of which is a clear liquid, are infused with mint, chilli, basil, lemon, garlic, rosemary or coriander. Those oils have a variety of ...