Calculating Trade Secret Damages in International Arbitrations: An Analysis of Trade Secret Protection in Major EU Member States and the USA - Journal of Damages in International Arbitration - Vol. 3, No. 1
The legal protection and remedies available for trade secret violations vary among Member States of the European Union (“EU”) and the United States of America (“USA” or the “United States”). A study conducted on behalf of the European Commission (the “Commission”) in April 2013 (the “Study”) examined the current legal landscape in the EU Member States as well as Switzerland, Japan and the United States. The Study indicated reluctance by Member State companies to take legal action for trade secret violations. When asked what factors impacted their decision not to seek legal protection, 42 percent of companies cited a difficulty in meeting legal requirements to establish the violation; more than 28 percent cited a lack of effective remedies; and 27 percent referenced an inability to quantify damages.