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The Trade Secrets (Enforcement, etc.) Regulations 2018

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Matters to be considered before making an order under regulation 11(1)

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12.—(1) Before making an order under regulation 11(1), a court may require the trade secret holder to provide evidence that may reasonably be considered available to satisfy the court with a sufficient degree of certainty that—

(a)a trade secret exists,

(b)the trade secret holder is making the application, and

(c)the alleged infringer—

(i)has acquired the trade secret unlawfully,

(ii)is unlawfully using or disclosing the trade secret, or

(iii)is about to unlawfully use or disclose the trade secret.

(2) In considering whether to make an order under regulation 11(1) and in assessing the proportionality of such an order, a court must take into account the specific circumstances of the case, including where appropriate—

(a)the value and other specific features of the trade secret,

(b)the measures taken to protect the trade secret,

(c)the conduct of the alleged infringer in acquiring, using or disclosing the trade secret,

(d)the impact of the unlawful use or disclosure of the trade secret,

(e)the legitimate interests of the parties and the impact which the granting or rejection of the measures could have on the parties,

(f)the legitimate interests of third parties,

(g)the public interest, and

(h)the safeguard of fundamental rights.

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