Proportionality of Trade Secret Remedies in European Union – In Comparison with Patent Law Enforcement

Abstract In academic discourse it has been pointed out that many European courts do not pay sufficient attention to assessing the proportionality of patent law remedies. Article 3 Enforcement Directive (IPRED), which harmonizes remedies for all intellectual property rights (IPRs), requires be proportionate. However, seems this requirement is often overlooked, with more being paid rest Art. 3, namely requirements efficient and dissuasive. This article contributes discussion on potential over-enforcement IPRs, but focuses in particular analyzing available under Trade Secret (TSD). Special will explicit factors TSD. The availability bona fide defense TSD also analyzed. article, comparisons made between those trade secret law. argues regime differs from regime. Therefore, balancing various interests important than seeks both identify differences two regimes dissect possibilities a balanced approach enforcement practices IPRED rights.