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Author : J. Patrick Huston Publisher : American Bar Association Intellectual Property Law Section Page : 881 pages File Size : 15,59 MB Release : 2020 Category : Actions and defenses ISBN : 9781641056021
"The comprehensive analysis is accompanied by a synthesis of the Uniform trade secrets act case law determining the key trade secret issues as well as online synopses of each UTSA case, organized by the type of the alleged trade secret, the industry, and whether the trade secret owner won or lost"--ABA website.
The Legal Protection of Trade Secrets places trade secrets firmly in the context of intellectual property rights and commerce, and considers the complex web of law and policy underlying any decision to protect confidential information from unauthorized disclosure. It considers the position from both the situation of the employer and the employee.
This timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships. The editors introduce the long tradition of trade secrecy protection and its emerging importance as a focus of scholarly inquiry. The book then presents theoretical, doctrinal, and comparative considerations of the foundations of trade secrecy, before moving on to study the impact of trade secrecy regimes on innovation and on other social values. Coverage includes topics such as sharing norms, expressive interests, culture, politics, competition, health, and the environment. This important Handbook offers the first modern exploration of trade secrecy law and will strongly appeal to intellectual property academics, and to students and lawyers practicing in the intellectual property area. Professors in competition law, constitutional law and environmental law will also find much to interest them in this book, as will innovation theorists.
This book assembles case law analysis and strategic advice on prosecuting and defending trade secret misappropriation actions, maintaining legally sufficient trade secret protection measures, and supervising outside attorneys in the course of litigation. This book is an invaluable resource for both firm-based litigators and in-house attorneys, and it sets a new standard for the insightful analysis of U.S. trade secret law and practice.
Despite the economic relevance of trade secrets, their legal protection is not based on a robust theoretical corpus, and a large uncertainty remains regarding how they should be legally apprehended. The present book investigates the foundations of their legal protection by assessing its justifications and aims to define how this legal apprehension should be organized. The book starts with a comparative analysis of the US and the EU legal frameworks. It demonstrates the parentship existing between the two systems of protection and highlights that the incremental structuring of trade secrets protection has led to legal systems lacking broad-based conceptual foundations. In both legal orders, trade secrets rely on blurred protection, formally anchored in unfair competition, the strength of which, however, comes closer to that offered by intellectual property law. In this convoluted architecture, the judiciary is required to play a decisive role, especially at the enforcement stage. However, the absence of clarity concerning the telos of trade secrets protection leads to legal uncertainty, potentially incoherent enforcement, and, all in all, to inefficient outcomes from a welfare perspective. The book then explores a theoretical framework based on a distinction between two legal objects: the undertakings’ secret sphere and secret pieces of information. Securing the undertakings’ secret sphere appears as a condition for the competition process to happen in an economy working under structural uncertainty. It requires objective regulations enforced by public authorities. On the other hand, the legal apprehension of secret pieces of information should be considered as falling within the realm of immaterial goods regulation aiming to solve the deficit of marketability of this type of good. This might call – after conducting a careful policy trade-off – for the establishment of relative (i.e. inter partes) subjective rights.
In recent years, as companies implement strategies to protect their intellectual property in a competitive environment with rapidly developing technology, trade secret protection law has gained increasing importance. This is especially true in Asia, where the staggering commercial value of trade secrets, fierce cross-border competition, and large-scale labour mobility characterize the region's economy. This book - the first systematic study of trade secret protection law covering a number of key Asian jurisdictions - provides a detailed analysis of the relevant statutory and case law of Japan, Korea, China, Taiwan, Thailand, Singapore, Hong Kong, Malaysia, and India. In addition, a chapter on European Union trade secret protection law is included for further purposes of comparison. Thirty-one local experts provide a clear overview of national laws and practices by examining the following aspects of their respective national regimes: requirements of trade secrets; validity and scope of confidentiality and/or non-competition clauses; burden of proof and its shifting or reversal; order for protecting the secrecy of a trade secret during prosecution and trial; civil remedies (injunctive relief and damages); and criminal punishment for trade secret infringement. With its authoritative insights and comprehensive coverage of the dynamic and multifaceted development of trade secret protection law in Asia, the book will be a primer for practitioners, corporate counsels, judges, and scholars concerned with cross-border protection of intellectual assets.
Introduction to Intellectual Property provides a clear, effective introduction to patents, copyright, trademarks, and trade secrets. The text may be used by students and instructors in formal courses, as well as those applying intellectual property considerations to entrepreneurship, marketing, law, computer science, engineering, design, or other fields. The luminaries involved with this project represent the forefront of knowledge and experience, and the material offers considerable examples and scenarios, as well as exercises and references.
Law of Trade Secrets and Privacy Third Edition provides essential guidance through the law regarding personal, institutional and corporate privacy. This long-awaited new edition assists readers to better protect commercially sensitive, and private and personal information, by understanding the underlying principles of two related and rapidly changing areas of law. Protection of trade secrets is an integral part of business development. Similarly, protection of personal information is becoming increasingly complex under expanding privacy regulation. This book addresses the obligations in both areas, including the overlap. Constantly-evolving technology creates risk for businesses and individuals, yet legal regulatory frameworks may be slow to respond, and lag behind developments. A practitioner or company with a clear grasp of relevant legal principles and practice is better equipped to develop strategies for safeguarding against breaches of confidence. Since the Second Edition published in 2002, the challenges to personal, institutional and corporate privacy have become much more complex. Compliance with confidentiality laws is now complicated by jurisdictional issues arising from the use of modern communication technology, including social media. In addition, fiduciary relationships add another level of complication. In response, employment contracts and business restraints are becoming more prevalent. Privacy legislation has continued to evolve and it is necessary for practitioners to be familiar with Commonwealth, State and Territory privacy and health records regulation. The Privacy Act itself has recently undergone major amendments, and more are anticipated. At the same time, statutory protection is further complicated by the possible emergence of a common law right to privacy. Practitioners must move quickly in response to these developments and to anticipate how the courts will interpret them. Law of Trade Secrets and Privacy Third Edition is extracted from the subscription service Trade Secrets and Privacy, maintained by privacy and data protection specialist lawyer, Gordon Hughes . It is an essential and affordable resource for every company, institution and individual with privacy concerns.
This book deals with IP issues from a business perspective, focuses in particular on Small and Medium sized Enterprises (SMEs). The topics covered in the 12 modules include the importance of IP for SMEs, trademarks and industrial designs, inventions and patents, trade secrets, copyright and related rights, patent information, technology licensing, IP in the digital economy, IP and international trade, IP audit, IP Valuation, and Trademark licensing.