S T A T U T O R Y  I N S T R U M E N T S  
2018 No. 597 
INTELLECTUAL PROPERTY 
The Trade Secrets (Enforcement, etc.) Regulations 2 018 
Made  - - - - 15th May 2018 
Laid before Parliament  18th May 2018 
Coming into force  - - 9th June 2018 
CONTENTS 
1. Citation, commencement and extent 
2. Interpretation 
3. Wider protection 
4. Time limits for bringing proceedings 
5. Length of limitation or prescriptive period 
6. Beginning of limitation or prescriptive period 
7. Effect of disability on limitation period 
8. Suspension of prescriptive period during period of disability 
9. New claims in pending actions: England and Wales  and Northern Ireland 
10. Preservation of confidentiality of trade secret s in the course of proceedings 
11. Interim measures 
12. Matters to be considered before making an order  under regulation 11(1) 
13. Revocation of order under regulation 11(1) 
14. Injunctions or interdicts and corrective measur es 
15. Matters to be considered when making an order u nder regulation 14 
16. Compensation instead of order under regulation 14 
17. Assessment of damages 
18. Publication of judicial decisions 
19. Proceedings to which these Regulations apply 
The Secretary of State is a Minister designated for  the purposes of section 2(2) of the European 
Communities Act 1972( a) in relation to intellectual property (including b oth registered and 
unregistered rights)( b). 
The Secretary of State, in exercise of the powers c onferred by section 2(2) of that Act, makes the 
following Regulations. 
                                                                                                                                            
(a) 1972 c.68; section 2(2) was amended by the Legisl ative and Regulatory Reform Act 2006 (c.51), sectio n 27(1)(a) and the 
European Union (Amendment) Act 2008 (c.7), section 3(3) and Schedule, Part I. 
(b) S.I. 2006/608.  2Citation, commencement and extent 
1. —(1) These Regulations may be cited as the Trade Se crets (Enforcement, etc.) Regulations 
2018 and come into force on 9th June 2018. 
(2)  These Regulations extend to England and Wales, Scot land and Northern Ireland. 
Interpretation 
2.  For the purposes of these Regulations— 
“court” means— 
(a)  in England and Wales, a County Court hearing centre  where there is also a Chancery 
District Registry or the High Court (as provided fo r in rule 63.13 of the Civil Procedure 
Rules 1998( a)),  
(b)  in Scotland, the sheriff or the Court of Session, a nd  
(c)  in Northern Ireland, a county court or the High Cou rt; 
“infringer” means a person who has unlawfully acqui red, used or disclosed a trade secret; 
“infringing goods” means goods, the design, functio ning, production process, marketing or a 
characteristic of which significantly benefits from  a trade secret unlawfully acquired, used or 
disclosed; 
“trade secret” means information which— 
(a)  is secret in the sense that it is not, as a body or  in the precise configuration and assembly 
of its components, generally known among, or readil y accessible to, persons within the 
circles that normally deal with the kind of informa tion in question, 
(b)  has commercial value because it is secret, and 
(c)  has been subject to reasonable steps under the circ umstances, by the person lawfully in 
control of the information, to keep it secret; 
“trade secret holder” means any person lawfully con trolling a trade secret. 
Wider protection 
3. —(1) The acquisition, use or disclosure of a trade secret is unlawful where the acquisition, use 
or disclosure constitutes a breach of confidence in  confidential information. 
(2)  A trade secret holder may apply for and a court may  grant measures, procedures, and 
remedies available in an action for breach of confi dence where the measures, procedures and 
remedies— 
(a)  provide wider protection to the trade secret holder  than that provided under these 
Regulations in respect of the unlawful acquisition,  use or disclosure of a trade secret, and 
(b)  comply with the safeguards referred to in Article 1  of Directive (EU) 2016/943 of the 
European Parliament and of the Council of 8 June 20 16 on the protection of undisclosed 
know-how and business information (trade secrets) a gainst their unlawful acquisition, use 
and disclosure( b). 
(3)  A trade secret holder may apply for and a court may  grant the measures, procedures and 
remedies referred to in paragraph (2) in addition, or as an alternative, to the measures procedures 
and remedies provided for in these Regulations in r espect of the unlawful acquisition, use or 
disclosure of a trade secret. 
                                                                                                                                            
(a) S.I. 1998/3132; relevant amending instruments are  S.I. 2009/2092, Schedule 1, S.I. 2009/3390, rule 3 8(a), S.I. 2013/1974, 
rule 26(g), and S.I. 2014/407, rule 27(a). 
(b) OJ L157, 15.6.2016, p1.  3Time limits for bringing proceedings 
4. —(1) Proceedings may not be brought before a court in respect of a claim for the unlawful 
acquisition, use or disclosure of a trade secret an d for the application of measures, procedures and 
remedies provided for under these Regulations— 
(a)  in England and Wales and Northern Ireland, after th e end of the limitation period for the 
claim, and 
(b)  in Scotland, after the end of the prescriptive peri od for the claim, except where the 
subsistence of the obligation in relation to which the claim is made was relevantly 
acknowledged before the end of that period. 
(2)  The limitation period referred to in paragraph 1(a)  is to be determined in accordance with 
this regulation and regulations 5 to 7 and 9. 
(3)  Section 36 of the Limitation Act 1980( a) (equitable jurisdiction and remedies) does not 
apply in relation to proceedings in respect of a cl aim for the unlawful acquisition, use or disclosure  
of a trade secret. 
(4)  The prescriptive period referred to in paragraph 1( b) is to be determined in accordance with 
this regulation and regulations 5, 6 and 8. 
(5)  Section 6 of the Prescription and Limitation (Scotl and) Act 1973( b) (extinction of 
obligations by prescriptive periods of five years) does not apply in relation to an obligation arising  
from a claim for the unlawful acquisition, use or d isclosure of a trade secret. 
(6)  The following provisions of the Prescription and Li mitation (Scotland) Act 1973 apply for 
the purposes of, or in relation to, paragraph (1)(b ) as they apply for the purposes of, or in relation  
to, section 6 of that Act— 
(a)  section 10 (relevant acknowledgment); 
(b)  section 13 (prohibition of contracting out); 
(c)  section 14(1)(c) and (d) (computation of prescripti ve periods). 
Length of limitation or prescriptive period 
5. —(1) The limitation period is six years. 
(2)  The prescriptive period is five years. 
(3)  The limitation or prescriptive period begins with t he day specified in regulation 6. 
Beginning of limitation or prescriptive period 
6. —(1) The limitation or prescriptive period for a cl aim for the unlawful acquisition, use or 
disclosure of a trade secret against an infringer b egins with the later of— 
(a)  the day on which the unlawful acquisition, use or d isclosure that is the subject of the 
claim ceases, and 
(b)  the day of knowledge of the trade secret holder. 
(2)  In paragraph (1)(b), “the day of knowledge of the t rade secret holder” is the day on which 
the trade secret holder first knows or could reason ably be expected to know— 
(a)  of the infringer’s activity, 
(b)  that the activity constitutes an unlawful acquisiti on, use or disclosure of a trade secret, 
and 
(c)  the identity of the infringer. 
                                                                                                                                            
(a) 1980 c. 58. 
(b) 1973 c. 52.  4(3)  The reference in paragraph (2) to the trade secret holder knowing something is to the trade 
secret holder having sufficient knowledge of it to bring a claim for the unlawful acquisition, use or 
disclosure of a trade secret. 
(4)  Where a person has acquired the liability of an inf ringer from another person (whether by 
operation of law or otherwise)— 
(a)  the reference to an infringer in paragraph (1) is t o be read as a reference to the person 
who has acquired the liability, but 
(b)  the references to the infringer in paragraph (2) ar e to be read as references to the original 
infringer. 
(5)  This regulation has effect subject to— 
(a)  regulation 7 in relation to the limitation period, and 
(b)  regulation 8 in relation to the prescriptive period .  
Effect of disability on limitation period 
7. —(1) If, in relation to a claim in England and Wale s and Northern Ireland for the unlawful 
acquisition, use or disclosure of a trade secret, t he trade secret holder is under a disability during  
the whole or any part of the limitation period, the  limitation period for the claim begins with the 
earlier of— 
(a)  the day on which the trade secret holder ceases to be under a disability, and 
(b)  the day on which the trade secret holder dies. 
(2)  In England and Wales, references in paragraph (1) t o a person being “under a disability” 
have the same meaning as in section 38(2) of the Li mitation Act 1980 (interpretation). 
(3)  In Northern Ireland, references in paragraph (1) to  a person being “under a disability” have 
the same meaning as in article 47 of the Limitation  (Northern Ireland) Order 1989( a) (persons 
under a disability). 
Suspension of prescriptive period during period of disability 
8. —(1) If, in relation to a claim in Scotland for the  unlawful acquisition, use or disclosure of a 
trade secret, the trade secret holder is under lega l disability for a period at any time, the period 
during which the trade secret holder is under legal  disability— 
(a)  is not to be counted when calculating whether the p rescriptive period for the claim has 
expired, and 
(b)  is not to be regarded as separating the time immedi ately before it from the time 
immediately after it. 
(2)  In paragraph (1), “legal disability” has the same m eaning as in section 15(1) of the 
Prescription and Limitation (Scotland) Act 1973 (in terpretation). 
New claims in pending actions: England and Wales an d Northern Ireland 
9.  For the purposes of regulations 4 to 7— 
(a)  section 35 of the Limitation Act 1980 (new claims i n pending action) applies in relation 
to a claim for the unlawful acquisition, use or dis closure of a trade secret that is a new 
claim and to proceedings for the unlawful acquisiti on, use or disclosure of a trade secret 
as it applies in relation to new claims and proceed ings for the purposes of that Act; and 
(b)  Article 73 of the Limitation (Northern Ireland) Ord er 1989 (new claims in pending 
actions) applies in relation to a claim for the unl awful acquisition, use or disclosure of a 
trade secret that is a new claim and to proceedings  for the unlawful acquisition, use or 
                                                                                                                                            
(a) S.I. 1989/1339 (N.I. 11).  5disclosure of a trade secret as it applies in relat ion to new claims and proceedings for the 
purposes of that Order. 
Preservation of confidentiality of trade secrets in  the course of proceedings 
10. —(1) A participant, or a participant who has access  to documents which form part of the 
proceedings, must not use or disclose any trade sec ret or alleged trade secret— 
(a)  which, on a duly reasoned application by an interes ted party or on a court’s own 
initiative, a court by order identifies as confiden tial, and  
(b)  of which a participant has become aware as a result  of participation in the proceedings or 
the access. 
(2)  The obligation referred to in paragraph (1) remains  in force after the proceedings have 
ended, subject to paragraph (3). 
(3)  The obligation in paragraph (1) ceases to exist— 
(a)  where a court, by final decision, finds that the al leged trade secret does not meet the 
requirements of a trade secret, or 
(b)  where over time the information in question becomes  generally known among, or readily 
accessible to, persons within the circles that norm ally deal with that kind of information. 
(4)  On a duly reasoned application by a party or on a c ourt’s own initiative, a court may order 
any of the measures set out in paragraph (5) as may  be necessary to preserve the confidentiality of 
any trade secret or alleged trade secret used or re ferred to in the course of proceedings. 
(5)  A court may— 
(a)  restrict access to any document containing a trade secret or alleged trade secret submitted 
by the parties or third parties, in whole or in par t, to a limited number of persons, 
(b)  restrict access to hearings, when trade secrets or alleged trade secrets may be disclosed, 
and to the record or transcript of those hearings t o a limited number of persons, and 
(c)  make available to a person, who is not one of the l imited number of persons referred to in 
sub-paragraph (a) or (b), a non-confidential versio n of any judicial decision, in which the 
passages containing trade secrets have been removed  or redacted. 
(6)  The number of persons referred to in paragraph 5(a)  or (b) must be no greater than necessary 
to ensure compliance with the right of the parties to the legal proceedings to an effective remedy 
and to a fair trial, and must include, at least, on e individual from each party and the lawyers or 
other representatives of those parties to the proce edings. 
(7)  In deciding whether or not to grant the measures in  paragraph (5) in accordance with 
paragraphs (4) and (6) and which of the measures to  order and in assessing the proportionality of 
the measures, a court must take into account— 
(a)  the need to ensure the right to an effective remedy  and to a fair trial, 
(b)  the legitimate interests of the parties, and 
(c)  any potential harm for the parties. 
(8)  In this regulation— 
“participant” means a party, a lawyer or other repr esentative of a party, a court official, a 
witness, an expert or any other person participatin g in proceedings; 
“parties”, in paragraph (7), includes, where approp riate, third parties; 
“proceedings” means legal proceedings relating to t he unlawful acquisition, use or disclosure 
of a trade secret. 
Interim measures 
11. —(1) On the application of a trade secret holder, a  court may order any of the following 
measures against the alleged infringer—  6(a)  the cessation of, or (as the case may be) the prohi bition of, the use or disclosure of the 
trade secret on a provisional basis; 
(b)  the prohibition of the production, offering, placin g on the market or use of infringing 
goods, or the importation, export or storage of inf ringing goods for those purposes; 
(c)  the seizure or delivery up of the suspected infring ing goods, including imported goods, so 
as to prevent the goods entering into, or circulati ng on, the market. 
(2)  A person to whom the suspected infringing goods are  delivered up under paragraph (1)(c) 
must retain the infringing goods pending a decision  to make or not to make an order under 
regulation 14(2). 
(3)  A court making an order under paragraph (1) may set  a reasonable period within which a 
trade secret holder must bring proceedings for a de cision on the merits of the case before a court. 
(4)  Where no period is set under paragraph (3), a trade  secret holder must bring proceedings 
before a court within a period not exceeding 20 wor king days or 31 calendar days after the day on 
which the order under paragraph (1) has been made, whichever is the longer. 
(5)  For the purposes of paragraph (4)— 
(a)  if the period of 20 working days ends on a day othe r than a working day, the proceedings 
are in time if they are brought on the next working  day, and 
(b)  “working day” means any day except a Saturday or Su nday, Christmas Day, Good Friday 
or a day which is a bank holiday in any part of the  United Kingdom under section 1 of the 
Banking and Financial Dealings Act 1971( a) (bank holidays). 
(6)  As an alternative to the measures referred to in pa ragraph (1), a court may make an order 
making the continuation of the alleged unlawful use  conditional upon the lodging by the alleged 
infringer of guarantees intended to ensure the comp ensation of the trade secret holder. 
(7)  An order under paragraph (6) must not permit disclo sure of a trade secret in return for the 
lodging of guarantees. 
(8)  A court may make an order under paragraph (1) or (6 ) conditional upon the lodging by the 
trade secret holder of adequate security or an equi valent assurance intended to ensure 
compensation for any prejudice suffered by the alle ged infringer and, where appropriate, by any 
other person affected by the order. 
Matters to be considered before making an order und er regulation 11(1) 
12. —(1) Before making an order under regulation 11(1),  a court may require the trade secret 
holder to provide evidence that may reasonably be c onsidered available to satisfy the court with a 
sufficient degree of certainty that— 
(a)  a trade secret exists, 
(b)  the trade secret holder is making the application, and 
(c)  the alleged infringer— 
(i)  has acquired the trade secret unlawfully,  
(ii)  is unlawfully using or disclosing the trade secret,  or  
(iii)  is about to unlawfully use or disclose the trade se cret. 
(2)  In considering whether to make an order under regul ation 11(1) and in assessing the 
proportionality of such an order, a court must take  into account the specific circumstances of the 
case, including where appropriate— 
(a)  the value and other specific features of the trade secret, 
(b)  the measures taken to protect the trade secret, 
(c)  the conduct of the alleged infringer in acquiring, using or disclosing the trade secret, 
                                                                                                                                            
(a) 1971 c.80.  7(d)  the impact of the unlawful use or disclosure of the  trade secret, 
(e)  the legitimate interests of the parties and the imp act which the granting or rejection of the 
measures could have on the parties, 
(f)  the legitimate interests of third parties, 
(g)  the public interest, and 
(h)  the safeguard of fundamental rights. 
Revocation of order under regulation 11(1) 
13. —(1) Where a court makes an order under regulation 11(1), the court may, on the application 
of the alleged infringer, revoke the order— 
(a)  if the trade secret holder does not bring proceedin gs leading to a decision on the merits of 
the case before a court within the period set under  regulation 11(3) or in regulation 11(4), 
or 
(b)  if the information in question is no longer a trade  secret for reasons that cannot be 
attributed to the alleged infringer. 
(2)  A court may, on the application of the alleged infr inger or an injured third party, order the 
trade secret holder to provide the alleged infringe r, or the injured third party, appropriate 
compensation for any injury caused by a measure ord ered under regulation 11(1)— 
(a)  where a court revokes an order under paragraph (1)( a),  
(b)  where the measure lapses due to any act or omission  by the trade secret holder, or 
(c)  where it is subsequently found that there has been no unlawful acquisition, use or 
disclosure of a trade secret or threat of such cond uct. 
Injunctions or interdicts and corrective measures 
14. —(1) Where a court finds on the merits of the case that there has been an unlawful 
acquisition, use or disclosure of a trade secret, t he court may, on application by the trade secret 
holder, order one or more of the following measures  against the infringer— 
(a)  the cessation of, or (as the case may be) the prohi bition of, the use or disclosure of the 
trade secret; 
(b)  the prohibition of the production, offering, placin g on the market or use of infringing 
goods, or the importation, export or storage of inf ringing goods for those purposes; 
(c)  the adoption of corrective measures with regard to the infringing goods, including where 
appropriate— 
(i)  recall of the infringing goods from the market; 
(ii)  depriving the infringing goods of their infringing quality; 
(iii)  destruction of the infringing goods or their withdr awal from the market, provided 
that the withdrawal does not undermine the protecti on of the trade secret in question; 
(d)  the destruction of all or part of any document, obj ect, material, substance or electronic file 
containing or embodying the trade secret, or where appropriate, the delivery up to the 
applicant of all or part of that document, object, material, substance or electronic file. 
(2)  Where a court orders that infringing goods be withd rawn from the market, the court may 
order, on the application of the trade secret holde r, that the infringing goods be delivered up and 
forfeited to the trade secret holder together with all or part of any document, object, material, 
substance or electronic file containing or embodyin g the trade secret. 
(3)  Where a court makes an order for a measure under pa ragraph (1)(c) or (d) or paragraph (2), 
the court must— 
(a)  order that the measure be carried out at the expens e of the infringer, unless there are 
particular reasons for not doing so, and  8(b)  ensure the measure is without prejudice to any dama ges that may be due to the trade 
secret holder by reason of the unlawful acquisition , use or disclosure of the trade secret.  
Matters to be considered when making an order under  regulation 14 
15. —(1) In considering an application for an order und er regulation 14 and assessing the 
proportionality of such an order, the court must ta ke into account the specific circumstances of the 
case, including where appropriate— 
(a)  the value or other specific features of the trade s ecret, 
(b)  the measures taken to protect the trade secret, 
(c)  the conduct of the infringer in acquiring, using or  disclosing the trade secret, 
(d)  the impact of the unlawful use or disclosure of the  trade secret, 
(e)  the legitimate interests of the parties and the imp act which the granting or rejection of the 
measures could have on the parties, 
(f)  the legitimate interests of third parties, 
(g)  the public interest, and 
(h)  the safeguard of fundamental rights. 
(2)  Where a court makes an order limiting the duration of a measure ordered under regulation 
14(1)(a) or (b), the duration must be sufficient to  eliminate any commercial or economic 
advantage that the infringer could have derived fro m the unlawful acquisition, use or disclosure of 
the trade secret. 
(3)  On the application of the defendant, the court must  revoke a measure ordered under 
regulation 14(1)(a) or (b) if the information in qu estion no longer constitutes a trade secret for 
reasons that cannot be attributed directly or indir ectly to the defendant. 
(4)  In the application of paragraph (3) to Scotland, “d efendant” means defender. 
Compensation instead of order under regulation 14 
16. —(1) A person liable to the imposition of an order under regulation 14 may apply for, and a 
court may make, an order for compensation to be pai d to the injured party instead of an order 
under regulation 14— 
(a)  if at the time of use or disclosure the person neit her knew nor ought, under the 
circumstances, to have known that the trade secret was obtained from another person who 
was using or disclosing the trade secret unlawfully , 
(b)  if the execution of the measures in question would cause disproportionate harm to the 
person liable to the measures, and 
(c)  if it appears reasonably satisfactory to pay compen sation to the injured party. 
(2)  Where a court makes an order for the payment of com pensation instead of an order under 
regulation 14(1)(a) or (b), the compensation must n ot exceed the amount of royalties or fees which 
would have been due, had that person obtained a lic ence to use the trade secret in question, for the 
period for which use of the trade secret could have  been prohibited. 
Assessment of damages 
17. —(1) On the application of an injured party, a cour t must order an infringer, who knew or 
ought to have known that unlawful acquisition, use or disclosure of a trade secret was being 
engaged in, to pay the trade secret holder damages appropriate to the actual prejudice suffered as a 
result of the unlawful acquisition, use or disclosu re of the trade secret. 
(2)  A court may award damages under paragraph (1) on th e basis of either paragraph (3) or (4). 
(3)  When awarding damages under paragraph (1) on the ba sis of this paragraph, a court must 
take into account all appropriate factors, includin g in particular—  9(i)  the negative economic consequences, including any l ost profits, which the trade 
secret holder has suffered, and any unfair profits made by the infringer, and 
(ii)  elements other than economic factors, including the  moral prejudice caused to the 
trade secret holder by the unlawful acquisition, us e or disclosure of the trade secret. 
(4)  When awarding damages under paragraph (1) on the ba sis of this paragraph, a court may, 
where appropriate, award damages on the basis of th e royalties or fees which would have been due 
had the infringer obtained a licence to use the tra de secret in question. 
Publication of judicial decisions 
18. —(1) In proceedings for the unlawful acquisition, u se or disclosure of a trade secret, a court 
may order, on the application of the trade secret h older and at the expense of the infringer, 
appropriate measures for the dissemination of infor mation concerning the judgment, including its 
publication in whole or in part. 
(2)  Any measure a court may order under paragraph (1) m ust preserve the confidentiality of 
trade secrets as provided for in regulation 10. 
(3)  In deciding whether to order a measure under paragr aph (1) and when assessing whether 
such measure is proportionate, the court must take into account where appropriate— 
(a)  the value of the trade secret, 
(b)  the conduct of the infringer in acquiring, using or  disclosing the trade secret, 
(c)  the impact of the unlawful use or disclosure of the  trade secret, 
(d)  the likelihood of further unlawful use, or disclosu re of the trade secret by the infringer, 
and 
(e)  whether the information on the infringer would be s uch as to allow an individual to be 
identified and, if so, whether publication of that information would be justified, in 
particular in the light of the possible harm that s uch measure may cause to the privacy 
and reputation of the infringer. 
Proceedings to which these Regulations apply 
19.  These Regulations apply only to proceedings— 
(a)  brought before a court after the coming into force of these Regulations, 
(b)  in respect a claim for the unlawful acquisition, us e or disclosure of a trade secret, and  
(c)  for the application of measures, procedures and rem edies provided for under these 
Regulations.  
 
 
 
 Sam Gyimah 
 Minister of State 
15th May 2018 Department for Business, Energy and I ndustrial Strategy  
 
 
EXPLANATORY NOTE 
(This note is not part of the Regulations) 
These Regulations implement provisions of Directive  (EU) 2016/943 of the European Parliament 
and of the Council of 8 June 2016 on the protection  of undisclosed know-how and business 
information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L157, 
15.6.2017, p.1) (“the Directive”). A number of the provisions of the Directive, in particular the 
provisions in Chapter II and Articles 6, 7 and 16, have been implemented in the United Kingdom 
by the principles of common law and equity relating  to breach of confidence in confidential 
information, and by statute and court rules. These Regulations address those areas where gaps  10 occur or where the implementation of the provisions  of the Directive in the United Kingdom, 
across its jurisdictions, may be made more transpar ent and coherent. 
Regulation 2 defines the terms “infringer”, “infrin ging goods”, “trade secret” and “trade secret 
holder” in accordance with Article 2 of the Directi ve and adds a definition of “court”. 
Regulation 3(1) makes clear that the issue of wheth er the acquisition, use or disclosure of a trade 
secret is unlawful is determined by reference to th e principles of the law of confidence. Where the 
measures, procedures and remedies available in an a ction for breach of confidence offer wider 
protection to a trade secret holder than that offer ed under the Regulations, the trade secret holder 
may apply for, and a court may grant, them provided  they comply with the safeguards referred to 
in Article 1 of the Directive (Regulation 3(2)). Th e measures, procedures and remedies referred to 
in regulation 3(2) are in addition, or an alternati ve, to the measures, procedures and remedies 
provided under these Regulations in respect of the unlawful acquisition, use or disclosure of a 
trade secret (Regulation 3(3)). 
Regulations 4 to 9 make provision for limitation an d prescriptive periods applicable to 
proceedings for claims for the unlawful acquisition , use or disclosure of a trade secret and for the 
application of measures, procedures and remedies un der these Regulations. Regulations 4 to 9 
implement Article 8 of the Directive. A limitation period of six years is set for England and Wales 
and Northern Ireland. A prescriptive period of five  years is set for Scotland. Provision is made for 
determining when the limitation or prescriptive per iod begins to run and for suspending the 
limitation or prescriptive period on account of dis ability. 
Regulation 10 provides for the preservation of conf identiality of trade secrets in the course of legal  
proceedings in implementation of Article 9(1) to (3 ) of the Directive. 
Regulation 11 provides for interim measures against  an alleged infringer in implementation of 
Article 10 of the Directive. Where an interim order  for delivery up is made, a trade secret holder 
must retain the infringing goods until an order is made under regulation 14(2) that the goods be 
forfeited to the trade secret holder or destroyed. A time limit is set within which a claim must be 
brought after an interim order has been made. As an  alternative to interim measures, a court may 
require guarantees to be lodged by the alleged infr inger to compensate the trade secret holder. A 
court may also require a trade secret holder to pro vide adequate security to compensate an alleged 
infringer for any prejudice suffered. 
Regulation 12 provides for the matters a court need s to consider before making an interim order 
under regulation 11(1). Regulation 12 implements Ar ticle 11(1) and (2) of the Directive. 
Regulation 13 provides for revocation of an order m ade under regulation 11(1) where a trade 
secret holder does not bring proceedings before a c ourt within the specified period or in certain 
other circumstances. Where a measure ordered is rev oked, a court may order payment of 
appropriate compensation to the alleged infringer o r injured third party. Regulation 13 implements 
Article 11(3) and (5) of the Directive. 
Regulation 14 provides for injunctions, or interdic ts in Scotland, and corrective measures which 
may be imposed on an infringer. These measures incl ude requiring an infringer, at his expense, to 
recall the infringing goods from the market, to dep rive them of their infringing quality, to destroy 
the infringing goods or to withdraw them from the m arket. When ordering the withdrawal of the 
goods from the market, a court may require the good s to be delivered up and forfeited to the trade 
secret holder. Regulation 14 implements Article 12 of the Directive. 
Regulation 15 sets out the matters to be considered  when making an order under regulation 14 and 
implements Article 13(1) and (2) of the Directive. 
Regulation 16 enables a court to order compensation  instead of an order under regulation 14 under 
certain conditions. This implements Article 13(3) o f the Directive. 
Regulation 17 sets out the factors that need to be taken into account when making an award of 
damages for the unlawful acquisition, use or disclo sure of a trade secret. This implements Article 
14 of the Directive.  11 Regulation 18 makes provision for the publication o f information relating to judicial decisions in 
proceedings for the unlawful acquisition, use or di sclosure of a trade secret. This implements 
Article 15 of the Directive. 
Regulation 19 makes clear that the Regulations appl y only to proceedings brought before a court 
after the coming into force of these Regulations in  respect of a claim for the unlawful acquisition, 
use or disclosure of a trade secret and for the app lication of measures, procedures and remedies 
provided for under these Regulations. 
A full impact assessment has not been produced for this instrument as no, or no significant, impact 
on the private, voluntary or public sector is fores een. A transposition note is available from the 
Intellectual Property Office, Concept House, Cardif f Road, Newport NP10 8QQ and is available 
with the explanatory memorandum alongside this inst rument on the Legislation UK website at 
www.legislation.gov.uk. Copies have also been place d in the libraries of both Houses of 
Parliament. 
  
  
© Crown copyright 2018 
Printed and published in the UK by The Stationery O ffice Limited under the authority and superintenden ce of Jeff James, 
Controller of Her Majesty’s Stationery Office and Q ueen’s Printer of Acts of Parliament. £6.00 
UK201805161020   05/2018   19585 
http://www.legislation.gov.uk/id/uksi/2018/597