As an Australian, my experience has been that we tend to under-rate the importance of Intellectual Property (IP) in society. Unlike other countries, IP is not engrained in our DNA (although this is changing slowly). Trade Secrets is one example here, with trade secrets not being enshrined in law unlike jurisdictions such as the United States – Australian businesses must rely on confidential information protection statutes, most of which are civil. Business today must go further than legalistic protections to secure valuable IP: Australia’s National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018, now part of the Criminal Code 1995 (Cth), marks the first time ‘trade secrets’ are mentioned in Australian legislation. Continue reading →