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 unpublished copyright works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—26 February 2026

This week's edition of Life Sciences weekly highlights includes a Law 360 analysis on the Court of Appeal dismissing Salts Healthcare Ltd’s renewed attempts to find Pelican Healthcare Ltd liable for infringing one of its patents over an ostomy bag and an analysis by Hepworth Browne of the UK Supreme Court’s ruling in Emotional Perception AI Ltd v Comptroller-General of Patents, in which the court reshaped the foundations of UK patent law by reorientating the assessment of exclusions to patentability. Also included, is news that the Court of Appeal dismissed the appeals in a biotechnology patent dispute regarding the production of microbial oil for nutritional products, the EU General Court issued orders in challenges concerning the revised Urban Wastewater Treatment Directive (UWWTD) on the grounds of admissibility, not addressing the substantive question of the legality of the Extended Producer Responsibility (EPR) scheme, the MHRA and NICE have jointly published guidance on the Integrated Scientific Advice service, EFPIA published a report assessing the economic and societal contribution of industry-sponsored clinical trials in Europe as well as a comparative analysis of biopharmaceutical strategies across ten countries, and news that the UK Research and Innovation announced its first AI strategy, the Department for Science, Innovation and Technology (DSIT) announced £150m for three UK Research and Innovation programmes, as well as MHRA updates reporting a rise in clinical investigations, the launch of a fee waiver pilot for small firms, a statement on the paused PATHWAYS clinical trial, and enforcement action involving the seizure of unlicensed weight loss medicines, among other stories.

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