Intellectual property and trade secrets are essential company assets. The core topics of this recent ICC seminar were building awareness for protection of these assets, pro-active risk management, and specialized international dispute resolution mechanisms.
Teresa Bogensberger gave insight on IP protection by official registration and by private contracts on a national and international level. Participants were especially keen to be walked through the system of protection of trade secrets provided for in the on the protection of undisclosed know-how and business information to be implemented by all Member States by 9 June 2018. In particular, the requirement of “reasonable steps” to keep a trade secret confidential, led to a lively discussion on the definition and implications of this term. Drawing from her extensive experience in the field, Teresa Bogensberger offered guidance based on case studies and also provided sample contract clauses.
Natascha Tunkel outlined the core elements of arbitration and then focused in more detail on the specifics of arbitration concerning international IP disputes. Various institutions, prominently including WIPO, offer arbitration rules that are tailored to the needs of this type of dispute, offering bespoke solutions to protect confidentiality or to forsee the performance of experiments as means of evidence. To provide a complete picture of the available tools available to help resolve disputes, Natascha also briefly touched upon the specialized procedures such as the Uniform Domain Name Dispute Resolution Policy (UDRP) and alternatives, like mediation.
For more information please contact Teresa Bogensberger, Natascha Tunkel or your customary KNOETZL contact at our firm.