Know-how and R & D

Copyright © 2025 LexisNexis

Know-how, confidential information and trade secrets

Know-how

‘Know-how’ is technical or practical knowledge resulting from research or experience and usually relates to the way something is done. Know-how as a type of information can have great commercial value, even though it is different from and often less well defined than the more traditional types of IP right. For more information, see Practice Note: Know-how—protection and licensing.

Confidential information

Under common law, it is settled that for information to be protected as confidential it must have the necessary ‘quality of confidence’ and be imparted in a ‘situation imposing an obligation of confidence’. The recipient of confidential information owes a duty of confidence and any unauthorised disclosure or use of the confidential information to the detriment of the ‘owner’ may give rise to a cause of action.

There can be significant overlap between confidential information and know-how. Know-how is not necessarily confidential, but most of the time if the know-how is valuable (eg only known within one company, within a select group of individuals in a company, or by a single person) then it is likely to be confidential.

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest IP News

IP weekly highlights—20 November 2025

This week's edition of IP weekly highlights includes: a hand-picked summary of news analysis, updates and new content from the world of IP. These highlights focus on the key rights of copyright and associated rights, database rights, trade marks and passing off, designs, and patents as well as covering issues relating to confidential information, know-how R&D and IP disputes.

Patents Court responds to UPC anti-interim-licence injunction in InterDigital v Amazon

IP analysis: Mark Dean and Justin Lambert of Mishcon de Reya consider the recent clash between InterDigital and Amazon over digital streaming patents and FRAND licence terms, which has sparked key rulings in both the Unified Patent Court (UPC) and the English Patents Court. The UPC and Munich Regional Court granted InterDigital an ‘anti-interim-licence’ injunction, blocking Amazon from seeking an interim licence in the English courts. In turn, the English Patents Court (Meade J) responded with an ‘anti-anti-suit injunction’ to prevent InterDigital from obstructing Amazon’s pursuit of final FRAND relief in the UK. The English court’s order is temporary, designed to protect its jurisdiction while limiting friction with the UPC and German courts. Together, these developments underscore the increasingly tactical nature of global FRAND litigation and may shape the trajectory of future European patent disputes.

UK publishes first post-EU customs IP enforcement report

The Intellectual Property Office, HMRC and Border Force have published the UK Customs Intellectual Property Enforcement Report 2021–2023, setting a new annual transparency baseline on border seizures and confirming that over £500m (expected retail value) of counterfeit goods were intercepted at UK borders, with most items destroyed. The report shows trade marks remain the dominant infringement (74% in 2023), a shift to higher-value but lower-volume seizures, and consistent provenance from China, Hong Kong SAR and Türkiye; it also notes that since 1 January 2021 rights holders must lodge separate UK Applications for Action (AFAs) (with ex officio AFAs required within four working days where no prior AFA exists). The measures affect brand owners, importers, enforcement partners and consumers across the UK and aim to disrupt organised IP crime and improve public safety; the data will now be published annually.

OpenAI models and outputs infringed lyrics copyright, German court rules

MLex: OpenAI is considering its next steps after a German court found its models infringed copyright by memorising and reproducing song lyrics contained in the repertoire of the claimant , German music rights body GEMA.

View IP by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

Strike out—making an application to strike out a statement of case

Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

Late payment penalties—inheritance tax

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

Strike out—making an application to strike out a statement of case

Strike out—making an application to strike out a statement of case

Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an