NIPC Law

Author  Basher  Eyre  Licence  CC BY-SA 2.0   Source  Wikimedia Commons   Intellectual Property Enterprise Court (HH Judge Melissa Clarke) PSN Recruitments Ltd  v Ludley and another [2023] EWHC 3153 (IPEC) (8 Dec 2023) This was a claim by PSN Recruitment Ltd (trading as Cosmopolitan Recruitment ("Cosmopolitan") against its former employee, Graeme Ludley ("Mr Ludley").   Mr Ludley had emailed to himself particulars of Cosmopolitan's clients. set up a Greenscape Specialist Recruitment Ltd ("Greenscape") as a competing business and told Cosmopolitan's clients that he was still working for the same employer but from a different location and under a different corporate name.  Cosmopolitan sued Mr Ludley and the company for breach of confidence and passing off  in the Intellectual Property Enterprise Court ("IPEC") . Their defence to the breach of confidence claim was that the information was easily obtainable from trade publicatio...

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...