Calculation of damages in cases of misappropriation of trade secrets and copyright infringement
Introduction In Swedish IP litigation, claims for damages in cases of misappropriation of trade secrets are commonly coupled with claims for damages based on copyright infringement. Thus, litigation which combines trade secrets and copyright has become something of a trend in Sweden, and the question of how to apply the different provisions in the new Trade Secrets Act and the Copyright Act continues to vex the courts. In its first judgment of 2021,(1) the Labour Court used a textbook case of misappropriation of trade secrets – where a previous employee had absconded with trade secrets and ...