AIPPI’s Resolution: Protection of trade secrets during civil proceedings

AIPPI’s Resolution: Protection of trade secrets during civil proceedings

The AIPPI issued a resolution regarding the protection of trade secrets during civil proceedings. The AIPPI resolutions address this entity’s understanding on Intellectual Property issues with worldwide relevance.

The AIPPI considers important that the countries improve their current law and practice relating to the protection of trade secrets during civil proceedings. This association recognizes that a minimum level of harmonization of trade secret protection in civil proceedings among the countries is necessary.

The AIPPI defends that the adoption of appropriate measures to maintain and protect the trade secret should be available prior to, during and after the proceedings. As example, AIPPI suggested that: during disclosure actions and/or other evidence collection procedures, protections should be put in place to limit the unnecessary production of trade secrets in order to reduce the risk of unnecessary disclosure to those involved in the proceeding and to the public; details of trade secrets should be redacted in hearing transcripts, court decisions or any other materials before public disclosure; the public should be excluded from hearings or parts thereof in so far as they are expected to deal with the substance of trade secrets.

The AIPPI asserted that the protection of the parties’ trade secrets in civil proceedings must be balanced with safeguarding the right of all parties to fairly prepare their case, including the right to know the case made against them. However, provided that the mentioned safeguard is respected, and depending on a number of factors, courts should have the possibility to restrict access to the trade secret to a limited number of individuals, especially if the parties agree. As examples of those factors, AIPPI pointed out, among others: the exact nature and the value of the trade secret at stake; the stage of the proceedings concerned; the relevance of the trade secret for ruling on a particular issue at said stage of the proceedings.

AIPPI’s opinions do not always comply with the laws or judicial precedents of the countries.

For more information: https://aippi.org/about-the-library/aippi-resolutions/