Business Law Section

Draft Response to Request Made By the Department of Industry, Innovation and Science Concerning the Proposed Protection of Trade Secrets in the Australia-EU Free Trade Agreement

The Intellectual Property Committee of the Business Law Section of the Law Council of Australia (the Committee) welcomes the opportunity to comment upon the request made on 20 September 2019 by the Department of Industry, Innovation and Science to comment upon Articles X.43 and X.44 of the draft Intellectual Property chapter of the proposed Australia-EU Free Trade Agreement, which concern the protection of trade secrets.

The Committee note that there are recent examples of EU free trade agreements which do not include trade secrets protection (notably Canada and Singapore), but understand that the Committee’s comments are sought in order to ascertain whether and the extent to which Australia may be prepared to include the proposed protection, which is similar to the content of the EU-Japan agreement. 

You can read the full submission below.

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