Confidential information

The law of confidentiality is often the best way of protecting trade secrets and valuable know-how where these are not otherwise adequately protected by other means (eg via intellectual property rights), or where using other types of protection is unattractive for commercial reasons.

Even if other types of rights exist (eg patent rights in the case of patented inventions), often the real value of an invention or new piece of technology does not lie just in the invention itself, but also in the associated know-how, training and guidance required to fully exploit it. Therefore, the law of confidentiality also helps to protect valuable information associated with (for instance) an invention, along with financial, customer and similar confidential information that a business holds.

Examples of items which might be considered confidential within a business include:

  1. commercial records such as price lists, customer lists, details of customers, suppliers, business partners and relationships with regulators or other third parties

  2. unpublished copyright works

  3. mathematical formulae and manufacturing techniques, processes, designs, drawings and engineering

  4. secure codes and algorithms

  5. personal employee information such as compensation arrangements, benefits, hours or work etc

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Life Sciences weekly highlights—12 February 2026

This week's edition of Life Sciences weekly highlights includes analysis of the Supreme Court’s decision in Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and Trade Marks, in which the court held that an artificial neural network system is not excluded from patentability as a ‘program for a computer…as such’, aligning UK law more closely with European Patent Office jurisprudence. Also included, is news that the DHSC has opened a consultation on changes to the statutory scheme for branded medicines pricing to align with the voluntary scheme, DHSC also released its finding and recommendations on the operation of the Medicines and Medical Devices Act 2021 in its five-year report and it has also opened a consultation on proposed amendments to strengthen medicines reimbursement, supply oversight and compliance further to its 2025 annual review of the Health Service Products 2018 regulations. Further developments include NICE launching the National HealthTech Access Programme, MHRA updating its pharmacovigilance requirements for UK authorised products further to Commission Implementing Regulation (EU) 520/2012 (CIR 520/2012), the Notified Bodies industry publishing a letter addressing proposed cybersecurity amendments to the medical devices regulations, the adoption of the international standards ICH M15 guideline for model-informed drug development, the EMA launching a consultation on making Annex 15 GMP qualification and validation guidelines mandatory, and the EFPIA published proposals to strengthen EU pharmaceutical competitiveness, among other stories.

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