GIBRALTAR Law and Practice Contributed by: Emma Lejeune, Stuart Dalmedo, Nicholas Isola, James Castle and Louise Anne Turnock, ISOLAS LLP
7.4 Copyright Copyright is a property right which subsists in sound recordings, films or broadcasts, original literary works – which includes databases, com - puter programs and preparatory design – dra - matic, musical or artistic works and in the typo - graphical arrangement of published editions. Copyright protects the author’s work in several ways and prevents others from replicating this work, making an adaptation of this work, putting it on the internet and performing or playing this work in public. Copyright protection is automatic upon the cre - ation of the qualifying work, so no registration process is required. The length of the copyright is dependent on the type of work – for example, works such as written, sound, films and artis - tic work will last for 70 years after the author’s death. A copyright holder is able to enforce court pro - ceedings where they believe that there has been an infringement on the copyright, and remedies include damages, injunctions and accounts. It is a criminal offence to infringe copyright. 7.5 Others Other intellectual property rights in Gibraltar also extend to trade secrets. This is a common law right in which the information contained within has commercial value because it is secret, and the use or disclosure is likely to harm the inter - ests of the trade secret holder in several ways – for example, regarding scientific and technical potential, business or financial interests, strate - gic positions or the ability to compete. In accordance with Section 4 of the Protection of Trade Secrets Regulations 2018, it is possible the acquisition of trade secrets in Gibraltar shall
be considered lawful if obtained by any of the following means: • independent discovery or creation; • observation, study, disassembly or testing of a product or object that has been made available to the public or that is lawfully in the possession of the acquirer of the information who is free from any legally valid duty to limit the acquisition of the trade secret; • exercise of the right of workers or workers’ representatives to information and consul - tation in accordance with any rules of law applicable in Gibraltar; or • any other practice which, under the circum - stances, is in conformity with honest com - mercial practices. In accordance with Section 8 of the Protection of Trade Secrets Regulations 2018, the limita - tion period for bringing a claim for the unlawful acquisition, use or disclosure of a trade secret is six years. The start date for reckoning the limita - tion period for a claim for the unlawful acquisi - tion, use or disclosure of a trade secret against an infringer begins with the later of: • the day on which the unlawful acquisition, use or disclosure that is the subject of the claim ceases; or • the day of knowledge of the trade secret holder. Where damages are awarded in relation to unlawful acquisition, Section 16 of the Protec - tion of Trade Secrets Regulations 2018 states that all appropriate aspects shall be considered, including: • any negative economic consequences, including any lost profits, which the trade
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