Protecting trade secrets in the age of remote work: a Nigerian perspective
This paper argues that technological advancements and regulatory gaps have created the ‘digital walkout’ where employees can exit organisations with valuable proprietary information in digital form. It contends that existing legal mechanisms are insufficient and advocates for a more robust, technology-responsive framework for trade secret protection in Nigeria.
Released on Jun 9, 2026
The seizure of evidence under Danish law: when an employee takes more than workforce to a competitor
Danish law provides a powerful civil remedy procedure for the seizure of evidence protected by intellectual property law, unlawful product imitation under marketing law and certain sui generis protection, including where a rightsholder suspects that such material, for example technical drawings, have been taken by a former employee to a competitor. The seizure of evidence may extend to electronic data stored outside Danish jurisdiction provided that the relevant material can lawfully and effectively be accessed from premises in Denmark.
Released on Jun 9, 2026
Access to professional email accounts: the struggle between GDPR data subject access rights and the right to evidence before French courts
Since becoming applicable on 25 May 2018, the GDPR has required employers, as data controllers, to respond to requests made by data subjects. Among the rights it grants is the right of access under Article 15: the right to obtain confirmation that personal data are being processed and to receive a copy thereof, including the content of the messages and their technical metadata. Initially intended to enable individuals to verify the lawfulness of data processing, this right has become a tool for employees seeking to build a case against their employer.
Released on Jun 9, 2026
Walking out the door in Brazil: trade secrets, confidential information and post-employment obligations
This article examines the Brazilian legal framework governing the protection of trade secrets and confidential information in the context of employment relationships, with a particular focus on the obligations that persist after the employment bond is dissolved. It analyses the relevant statutory instruments, the role of unfair competition law as the primary post-employment enforcement mechanism, available remedies and emerging trends in the Brazilian courts.
Released on Jun 9, 2026
What leaves with the employee? Confidential information and IP risks post-employment
This article examines the legal framework governing trade secrets, confidentiality and intellectual property created during employment under the law of North Macedonia, with a particular focus on employee post-termination obligations. It analyses the protection available to employers, the allocation of economic and moral rights to employee-created works and the role of contractual mechanisms, such as confidentiality clauses, in safeguarding business interests.
Released on Jun 9, 2026
Navigating post-employment patent assignment agreements and the burden of proof
The Eastern District of Texas found that an assignment agreement presuming that patents filed by a former employee up to a year after leaving an employer would still be owned by the employer was valid despite worker-friendly state employment laws, because the agreement also provided that the presumption could be rebutted by a showing that the invention was invented after leaving the former employer. The former employee was in fact able to convince the court that the invention occurred after the termination of his employment, and the court ruled that he did in fact own the patents and had standing to assert them in a patent infringement lawsuit, clearing the way to a subsequent $278.8m jury award. This article analyses that case to assess the broader practical implications for both employers and employees within patent law.
Released on Jun 9, 2026
Defining the object: why trade secret claims fail in Ukraine
Most trade secret disputes involving former employees in Ukraine fail at the stage of defining the object of protection. The issue is not the absence of commercially valuable information, but the inability to express that value as a legally identifiable object. This article examines how Ukrainian courts address this problem and what it means for enforcement.
Released on Jun 9, 2026
Labour market shifts and the evolution of trade secret protection under Japan’s Unfair Competition Prevention Act
Japan is simultaneously promoting workforce mobility and strengthening trade secret protection. The 2023 amendment to the Unfair Competition Prevention Act expanded the scope of protected data, introduced extraterritorial enforcement and enhanced the remedies available, while the March 2025 revision of the Ministry of Economy, Trade and Industry (METI) Management Guidelines for Trade Secrets addressed generative artificial intelligence (AI), cybersecurity, remote work and research institutions. This article examines these reforms, the evolving case law in this area and the role of non-compete clauses as a calibrated complement to confidentiality obligations.
Released on Jun 9, 2026
When former employees become a vector for IP infringement, trade secret misappropriation and unfair competition
When a service company loses a key client only to find a newly formed competitor, staffed by former employees, using its own operational tools, already in operation, the legal response rarely rests on a single cause of action. This article examines three interlocking claims under Portuguese law: unfair competition through employee diversion, trade secret misappropriation and copyright infringement. It also surveys the procedural tools available — disclosure orders, injunctions and damages mechanisms — that determine whether the legal response is effective in practice.
Released on Jun 9, 2026
The legal framework governing intellectual property and entertainment in Tanzania
The music scene and a growing film sector have brought to the fore the critical importance of intellectual property (IP) rights in Tanzania. As creators and innovators increasingly leverage their artistic endeavours for commercial gain, a robust legal framework is essential to protect their interests, foster creativity and ensure fair compensation. This article provides a detailed examination of the IP and entertainment law landscape in Tanzania, highlighting key legislation, regulatory bodies and recent developments, all presented from the perspective of a seasoned legal practitioner.
Released on Jun 9, 2026
Towards a more holistic framework for trade secret protection in Türkiye: analysis of the draft law on the protection of trade secrets
In April 2026, the Turkish Ministry of Trade published a draft law on the protection of trade secrets, aiming to establish a more coherent legal framework for trade secret protection, drawing on European Union Directive 2016/943. This article provides a general overview of the draft law by highlighting the conceptual ambiguities, constitutional tensions and legislative inconsistencies likely to shape its implementation in the light of Directive (EU) 2016/943.
Released on Jun 9, 2026
The unregistered asset: protecting trade secrets from misuse by former employees in India
This article explores the legal landscape surrounding the protection of trade secrets in India, with a particular focus on misappropriation by former employees. In doing so, it surveys the judicial standards developed by Indian courts and examines the contractual and operational mechanisms that employers may deploy in the absence of dedicated trade secrets legislation.
Released on Jun 9, 2026
Guarding the crown jewels: legal strategies to prevent strategic data leaks post‑employment
This article examines the legal strategies available to companies under French law to protect trade secrets from misappropriation by departing employees, with a focus on the contractual, procedural and evidentiary tools shaped by the landmark Law of 30 July 2018 and a series of recent Supreme Court (Cour de Cassation) rulings. It argues that effective protection depends not only on litigation readiness, but on the preventive architecture built before the departure occurs.
Released on Jun 9, 2026
Walking out the door: Australian approaches to safeguarding confidential information and intellectual property
This article examines the legal framework for trade secret protection in Australia, including breach of confidence, copyright, directors’ duties and fiduciary obligations, noting the benefits of a multi-pronged approach. It considers the practical implications of forthcoming reforms that aim to restrict restraint of trade clauses in employment contracts.
Released on Jun 9, 2026
IP and sports in a year of global competitions: legal, strategic and commercial considerations for rightsholders and market participants
This article examines the strategic role of intellectual property in the global sports industry during a year marked by the 2026 FIFA World Cup and the 2026 Winter Olympic Games. It analyses key legal and commercial challenges for rightsholders and third-party market participants, covering athlete image rights, artificial intelligence-generated representations, licensing, broadcasting, anti-counterfeiting and ambush marketing. Practical perspectives from industry practitioners featured in a webinar hosted by the IBA Intellectual Property and Entertainment Law Committee on World Intellectual Property Day 2026 are integrated throughout the article.
Released on May 27, 2026
Filing an opposition to register a trademark in Cyprus and the new procedure under the amended Trademarks Act
Filing an opposition to register a Trademark in Cyprus and the new procedure under the amended Trademarks Act.
Released on Jul 27, 2022
Outlining trademark strategies to endure economic adversities
This article the benefits of implementing trademark strategies that allow to create new lines of business, alliances or revenue opportunities using the existing brand and intellectual property.
Released on Jul 27, 2022
‘How to invest?’ That is the question
The investment obligations for VOD Providers applicable in Portugal following the transposition of Directive (EU) 2018/1808 which amends the Audiovisual Media Services Directive
Released on Jul 27, 2022
Editor’s Note, July 2022
Welcome to the first IBA Intellectual Property and Entertainment Law newsletter of 2022.
Released on Jul 27, 2022
NFTs: a Brazilian legal perspective
This article provides an overview of the legal implications for non-fungible tokens (NFTs) in Brazil, specifically in relation to their impact on intellectual property rights and data protection.
Released on Jul 27, 2022
Annual World Life Sciences Conference
At the recently concluded 8th Annual World Life Sciences Conference in Paris, friends and colleagues across the world finally met in person to discuss a wide array of topics from different sectors of the healthcare and life sciences industry. This report summaries the events of the conference.
Released on Jul 27, 2022
The Day the Music Stopped
The article highlights the devastating impact that the global Covid-19 pandemic has had on the live music industry and shows how this might be mitigated by embracing the newer forms of exploitation of copyright to bolster artists’ income streams.
Released on Aug 13, 2021
Arbitrating Intellectual Property Disputes in Nigeria: Lessons from Hong Kong and Singapore
Arbitration is now becoming globally recognised as the preferred method for resolving technology disputes. In this article, we examine the position in Nigeria, while considering the existing practices in Hong Kong and Singapore.
Released on Aug 13, 2021
Access to Vaccines is a Right, a Human Right!
The article considers accessibility to vaccines and health in general as a human right and in so doing looks at the rights enshrined in various treaties and declarations and Mexico’s Constitution in seeking to address a global rollout of vaccines.
Released on Aug 13, 2021
Everybody Needs Good Neighbours: Case 265/19 RAAP v PPI
This article provides a case summary of a recent CJEU decision on a dispute between Irish music performers, the collective management organisation and the Irish music producers’ organisation. The decision clarifies the extent of the right of performers to equitable remuneration with producers under Article 8(2) of Directive 2006/115/EC and its applicability to non-EEA performers.
Released on Aug 12, 2021
From the Editor – IP & Entertainment Law – August 2021
A letter from the Editor for the August 2021 Intellectual Property and Entertainment Law Committee eBulletin
Released on Aug 12, 2021
A Letter from the Co-Chairs for the August 2021 Intellectual Property and Entertainment Law Committee eBulletin
A letter from the Co-Chairs for the August 2021 Intellectual Property and Entertainment Law Committee eBulletin
Released on Aug 12, 2021
When 3-D Objects in Video Games Pose IP Challenges
Video games often include real-life 3D objects, particularly if the game is to be realistic. The trouble with real-life objects is that they may be protected by various intellectual property rights. Unless the right holder has consented to the real-life object being used in the game, the game’s developer or publisher risk infringing IP. The article discusses reported cases from the US and EU regarding in-game use of 3D objects.
Released on Aug 12, 2021
Portugal: Covid-19 Expropriation and Compulsory Patent Licensing
The article, in addressing compulsory patent licensing, looks at the constitutional protection afforded to industrial property rights in Portugal, the conflict between constitutional provisions and compulsory licensing and the principle of proportionality.
Released on Aug 12, 2021
Compulsory Licensing of Essential Drugs During the Covid-19 Pandemic
The article addresses the question of compulsory licensing of patents in India: whether it assists with supply, and potential adverse effects on innovation.
Released on Aug 12, 2021