Reverse-engineering a fragrance to uncover trade secrets at least takes time and resources, unlike instances where a former employee simply delivers them to a competitor. The EU's provisional trade-secret directive will promote improved protections against such conduct but will not affect laws of contract, so confidentiality agreements will remain important tools to guard against trade-secret misappropriation.
If reverse engineering represents the biggest threat to trade secrets under a provisional European Union directive, that stands to be a substantial improvement on the status quo.
The fragrance industry, with its heavy reliance on trade secrets, recognizes the value of reverse engineering as long as the...