The International Association for the Protection of Intellectual Property (AIPPI) recently published the four resolutions that were adopted at its World IP Congress in Rio de Janeiro last month. These resolutions are based on the feedback received throughout 2015 from the national AIPPI-groups around the globe and on the panel discussion at the congress. Hereunder we briefly discuss the resolution on “Question Q247 Trade secrets: overlap with restraint of trade, aspects of enforcement”, which addresses four aspects of trade secret law.
- Should trade secret law be curtailed so as to prevent that it becomes an unlawful restraint of trade?
AIPPI finds that many jurisdictions define trade secrets sufficiently narrow so as to avoid free trade- and antitrust issues. AIPPI resolves that although as a general rule trade secret misappropriation should be enjoined, any person should nonetheless be free to make fair use of the general knowledge, skills and experience the acquired while performing their profession.