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 unpublished copyright works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—9 October 2025

This week's edition of Life Sciences weekly highlights includes analysis by Taylor Wessing LLP of damages quantification methodologies in the long-running Merck v Merck Sharpe & Dohme trade mark infringement case. Also included, is several stories covering the European Commission announcing its bold Apply AI and AI in Science strategies to advance the adoption of AI in scientific research, the Commission also has launched the AI Act Service Desk and Single Information Platform to support implementation of the AI Act, the EMA has launched a survey to identify key research priorities for AI in the development and evaluation of medicines and published its European Medicines Agencies Network Data Strategy, MedTech Europe published a reflection paper responding to the Commission’s Chemicals Industry Action Plan calling for realistic transition pathways and continued access to essential chemicals like PFAS in their downstream use for critical medical technologies and the DHSC launched a consultation to shape new regulations on the sale and composition of tobacco, vape and nicotine products. Further news includes stories that the British health technology industry body (ABHI) published its response to an EU consultation on proposed revisions to the EU medical device legislation, the EU pharmaceutical industry called for refinement of certain provisions in the EU’s General Pharmaceutical Legislation reform package, the UK High Court found that the DHSC was still entitled to some damages for Medpro’s breach of contract despite the DHSC failing to reject the PPE gowns within time, the MHRA halved clinical trial approval times to 41 days following regulatory reforms and digital platforms introduced in 2023, and the Commission has formally withdrawn the AI Liability Act; among other stories.

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