The Trade Secrets (Enforcement, etc.) Regulations 2018

Matters to be considered when making an order under regulation 14

15.—(1) In considering an application for an order under regulation 14 and assessing the proportionality of such an order, the court must take into account the specific circumstances of the case, including where appropriate—

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

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

(c) the conduct of the 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.

(2) Where a court makes an order limiting the duration of a measure ordered under regulation 14(1)(a) or (b), the duration must be sufficient to eliminate any commercial or economic advantage that the infringer could have derived from the unlawful acquisition, use or disclosure of the trade secret.

(3) On the application of the defendant, the court must revoke a measure ordered under regulation 14(1)(a) or (b) if the information in question no longer constitutes a trade secret for reasons that cannot be attributed directly or indirectly to the defendant.

(4) In the application of paragraph (3) to Scotland, “defendant” means defender.