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Showing posts with the label draft

Confidentiality and Non-Disclosure Agreements taking Account of the Trade Secrets Directive

In Transposing the Trade Secrets Directive into English Law: Confidentiality Agreements   5 Feb 2018 I advised that it would be prudent to ensure that non-confidentiality agreements and clauses complied with  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  (the trade secrets directive) as well as the law of confidence. I gave more specific advice in Trade Secrecy Law changes Tomorrow - check your NDA, Standard Terms and other Agreements   8 June 2018 NIPC Inventors Club and Checking your Confidentiality Clauses and Agreements for Compliance with the Trade Secrets Directive   27 June 2018 NIPC News. I have now received my first sets of instructions to draft and review confidentiality or non-disclosure agreements in the light of the trade secrets directive.  I have applied what ...

Brexit Briefing - March 2018

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Standard YouTube Licence Jane Lambert March's Brexit Briefing  which I published today in NIPC Brexit discussed the draft withdrawal agreement  contemplated by art 50 (2) and the guidelines for negptiations on the future relationship between the UK and EU provided by the European Council  and the European Parliament . While welcoming the progress that has been made to date I warn that nothing is agreed until everything is agreed and that there are plenty of things that can go wrong between now and Brexit day/  It is quite possible that the EU treaties will fall away on 29 March 2019 without anything taking their place.  Even though the government has assured them of a period of stability between that day and 31 Dec 2020, my advice to businesses on both sides of the English Channel and Irish border is to continue to plan for the worst (that is to say, no agreement at all) as well as hoping for the best. Anyone wishing to discuss this article or Brexit ge...

UPC Mediation Rules

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Lisbon Bridge Photo Matt Perich Creative Commons Licence Art 35 (1) of the Unified Patent Court Agreement  establishes a patent mediation and arbitration centre with seats in Ljubljana and Lisbon. Its purpose is to provide facilities for mediation and arbitration of patent disputes falling within the scope of that Agreement. The Centre is required by art 35 (3) to establish Mediation and Arbitration Rules and by art 35 (4) to draw up a list of mediators and arbitrators to assist the parties in the settlement of their dispute. On 15 Feb 2016 the Preparatory Committee published the latest draft Mediation Rules for the Centre. These Rules will be incorporated into every mediation agreement. Art 2 (1) of the draft Rules states that the mediation service of the Centre offers support in the settlement of disputes relating to European patents and European patents with unitary effects for which the Unified Patent Court  is exclusively compe...