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The Trade Secrets (Enforcement, etc.) Regulations 2018

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Beginning of limitation or prescriptive period

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6.—(1) The limitation or prescriptive period for a claim for the unlawful acquisition, use or disclosure of a trade secret against an infringer begins with the later of—

(a)the day on which the unlawful acquisition, use or disclosure that is the subject of the claim ceases, and

(b)the day of knowledge of the trade secret holder.

(2) In paragraph (1)(b), “the day of knowledge of the trade secret holder” is the day on which the trade secret holder first knows or could reasonably be expected to know—

(a)of the infringer’s activity,

(b)that the activity constitutes an unlawful acquisition, use or disclosure of a trade secret, and

(c)the identity of the infringer.

(3) The reference in paragraph (2) to the trade secret holder knowing something is to the trade secret holder having sufficient knowledge of it to bring a claim for the unlawful acquisition, use or disclosure of a trade secret.

(4) Where a person has acquired the liability of an infringer from another person (whether by operation of law or otherwise)—

(a)the reference to an infringer in paragraph (1) is to be read as a reference to the person who has acquired the liability, but

(b)the references to the infringer in paragraph (2) are to be read as references to the original infringer.

(5) This regulation has effect subject to—

(a)regulation 7 in relation to the limitation period, and

(b)regulation 8 in relation to the prescriptive period.

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