A workshop Trade Secrets Deep Dive will be held on Friday September 7 in Eindhoven (High Tech Campus). Speakers from private practice and industry (see below) will cover all aspects of trade secrets, by many considered the most important intellectual property asset. Recent developments are the reason to organize this event: The Defend Trade Secrets Act passed in the USA in May 2016 The EU Directive on Trade Secrets is enacted by member state on 9 June 2018 China explicitly

Author: 3 months ago

There's an easy way to learn how to cycle. It basically involves getting on the bike and learning by trial and error. Yes one can read about cycling, watch educational videos, talk to others who can cycle, study all of the components of a bicycle, take a Physics degree, etc. but one should note that one cannot learn to cycle without actually getting on a bike and learning by doing about balance and coordination. Trade secret asset management I suggest that the same

Author: 3 months ago

The enactment of the Defend Trade Secrets Act (DTSA) of 2016 in the United States creates a new paradigm and is a watershed event in intellectual property law. Former U.S. President Barack Obama signed the bill into law on May 11, 2016, and the DTSA now applies to any misappropriation that occurred on or after that date. A trade secret is any technical or nontechnical information that can be used in the operation of a business or other enterprise and

Author: 4 months ago

Time travel is the concept of movement between certain points in time, analogous to movement between different points in space by an object or a person, typically using a hypothetical device known as a time machine, in the form of a vehicle or of a portal. Time travel is usually taken to mean that a person’s mind and body remain unchanged, with their memories intact, while their location in time is changed. What has this to do with trade secrets and

Author: 6 months ago

Any business professor will tell you that the value of companies has been shifting markedly from tangible assets, "bricks and mortar", to intangible assets like intellectual property (IP) in recent years. IP in its various forms is increasingly used as the basis of many business and commercial transactions.  It is fundamental for company valuations (merger, acquisition, bankruptcy); negotiations (selling or licensing); dispute resolution (fair recovery and quantification of damages); fundraising (bank loans and raising capital); assisting in decision making (corporate

Author: 6 months ago

Geen onderwerp staat zo vaak in de belangstelling als de vraag naar de waardering van rechten van intellectuele eigendom. De opkomst van octrooiveilingen – in 2006 gestart door Ocean Tomo [1] in de VS – heeft in elk geval voor een lichtpuntje gezorgd in het zichtbaar maken van de waarde van een octrooi. Veel is er gezegd en geschreven over de betekenis van immateriële waarde (“intangibles”) van intellectuele eigendom en octrooien in het bijzonder. Zowel in de fiscaliteit als in economische

Author: 6 months ago

Intellectual Property (IP) valuation is easily one of the most misunderstood topics surrounding the management of intangible assets. Over the last 20 years we have seen the migration of IP valuation from being a tool for estimating IP damages into more “main stream” applications, and with the explosive growth in IP transactions, the need for assigning a monetary value to IP assets is higher than ever.  Having said that, inside the IP community there is a high degree of frustration

Author: 6 months ago

The Defend Trade Secrets Act of 2016 (DTSA) created a uniform federal trade secret law on May 11, 2016, in addition to the existing state trade secret laws. The DTSA is important for non US companies because it provides a stronger enforcement mechanism, is applicable against foreign companies, and offers additional options in seizing competitors’ products on an expedited basis. What Qualifies as Trade Secret under the Act To bring an action for misappropriation under the Act, the information allegedly misappropriated

Author: 7 months ago

An audit is the examination of a specific aspect of an organization, ideally by someone independent of that organization. The purpose of an audit is to provide independent assurance that an organization's management, governance and processes are operating effectively, and that any associated assets are being properly and professionally managed. An audit is the process of gathering and discussing information from multiple and diverse sources in order to develop a deep understanding of the current situation. An audit is also a

Author: 8 months ago

Under the title "Patent rights, property, exclusivity and how a newborn reaching the age of maturity will experience the Patent system, if there is still one" IPEG consultant Severin de Wit wrote this essay in a book (Liber Amicorum) contributed to Charles Gielen at Nauta Dutilh upon his departure as Professor of Intellectual Property of the University of Groningen (Netherlands).  The essay reflects on how a 2015 newborn will look at intellectual property in 2033 -the year he reaches maturity

Author: 8 months ago

Transfer pricing is probably the most important issue in international corporate taxation. In taxation and accounting, transfer pricing refers to the rules and methods for pricing transactions between enterprises under common ownership or control. A transfer price is the price at which members of a group transact with each other, such as the trade of goods and services between group members. Transfer prices are used when individual group members of a larger multi-entity firm are treated and measured as separately run

Author: 8 months ago

In June 2017 law firm Baker McKenzie published an highly relevant and interesting report: "The Board Ultimatum, Protect and Preserve. The Rising Importance of Safeguarding Trade Secrets". Key findings of the survey: Four out of five (82%) senior executives say their trade secrets are an important, if not essential, part of their business, while 60% say protecting their trade secrets is a board-level issue One in five companies think or know they have had trade secrets stolen But only one-third

Author: 9 months ago