The Harmonization And Protection Of Trade Secrets In The Eu


The Harmonization And Protection Of Trade Secrets In The Eu
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The Harmonization And Protection Of Trade Secrets In The Eu


The Harmonization And Protection Of Trade Secrets In The Eu
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Author : Jens Schovsbo
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-07-31

The Harmonization And Protection Of Trade Secrets In The Eu written by Jens Schovsbo and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-31 with Law categories.


This book addresses the growing importance of trade secrets in today's society and business and the related increase in litigation, media and scholarly attention, using the new EU Trade Secrets Directive as a prism through which to discuss the complex legal issues involved. Written by a team of international experts, it discusses and analyses national implementation of the Directive and explores the effects of the new regime on contentious issues and crucial sectors such as big data and AI.



The Notion Of Secrecy


The Notion Of Secrecy
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Author : Teresa Trallero Ocaña
language : en
Publisher:
Release Date : 2021-05-19

The Notion Of Secrecy written by Teresa Trallero Ocaña and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-19 with categories.


Im digitalen Zeitalter ist Information zu einem immer wertvolleren, aber gleichzeitig auch verletzlichen Gut geworden. Die strategische Rolle, die Geschaftsgeheimnisse in der Wirtschaft des Binnenmarktes spielen, und der verstreute Rechtsrahmen in den verschiedenen EU-Rechtsordnungen haben die EU-Kommission dazu veranlasst, diesen Rechtsbereich zu harmonisieren und die Richtlinie uber Geschaftsgeheimnisse zu verabschieden. Die Arbeit analysiert die Bedingungen, unter denen Informationen ihren geheimen Charakter verlieren, in den offentlichen Bereich gelangen und dann von Wettbewerbern frei genutzt werden konnen. Dabei wird der durch die Richtlinie uber Geschaftsgeheimnisse geschaffene rechtliche Rahmen berucksichtigt.



Cross Border Trade Secret Disputes In The European Union


Cross Border Trade Secret Disputes In The European Union
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Author : Lydia Lundstedt
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-10-06

Cross Border Trade Secret Disputes In The European Union written by Lydia Lundstedt and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-06 with Law categories.


With the rise of international trade and innovation, there has been an increase in cross border trade secret violations. Using common trade secret scenarios as a springboard for analysis, the book questions whether EU private international law rules can be interpreted to facilitate the objective of the EU Trade Secret Directive and in doing so provides a detailed examination of both regimes.



Trade Secrecy And International Transactions


Trade Secrecy And International Transactions
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Author : Elizabeth A Rowe
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-08-28

Trade Secrecy And International Transactions written by Elizabeth A Rowe and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-28 with Law categories.


Trade secret protection has long been of critical strategic importance to business interests and globalization of commerce has driven an increasing need to govern the preservation of confidentiality in international business transactions. This book off



Trade Secrets Legal Protection


Trade Secrets Legal Protection
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Author : Luc Desaunettes-Barbero
language : en
Publisher: Springer Nature
Release Date : 2023-06-10

Trade Secrets Legal Protection written by Luc Desaunettes-Barbero and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-10 with Law categories.


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.



Legal Tech And The New Sharing Economy


Legal Tech And The New Sharing Economy
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Author : Marcelo Corrales Compagnucci
language : en
Publisher: Springer Nature
Release Date : 2019-12-13

Legal Tech And The New Sharing Economy written by Marcelo Corrales Compagnucci and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-13 with Law categories.


The exponential growth of disruptive technology is changing our world. The development of cloud computing, big data, the internet of things, artificial intelligence, machine learning, deep learning, and other related autonomous systems, such as self-driving vehicles, have triggered the emergence of new products and services. These significant technological breakthroughs have opened the door to new economic models such as the sharing and platform-based economy. As a result, companies are becoming increasingly data- and algorithm-driven, coming to be more like “decentralized platforms”. New transaction or payment methods such as Bitcoin and Ethereum, based on trust-building systems using Blockchain, smart contracts, and other distributed ledger technology, also constitute an essential part of this new economic model. The sharing economy and digital platforms also include the everyday exchange of goods allowing individuals to commodify their surplus resources. Information and innovation technologies are used in order to then match these resources with existing demand in the market. Online platforms such as Airbnb, Uber, and Amazon reduce information asymmetry, increase the value of unused resources, and create new opportunities for collaboration and innovation. Moreover, the sharing economy is playing a major role in the transition from exclusive ownership of personal assets toward access-based exploitation of resources. The success of online matching platforms depends not only on the reduction of search costs but also on the trustworthiness of platform operators. From a legal perspective, the uncertainties triggered by the emergence of a new digital reality are particularly urgent. How should these tendencies be reflected in legal systems in each jurisdiction? This book collects a series of contributions by leading scholars in the newly emerging fields of sharing economy and Legal Tech. The aim of the book is to enrich legal debates on the social, economic, and political meaning of these cutting-edge technologies. The chapters presented in this edition attempt to answer some of these lingering questions from the perspective of diverse legal backgrounds.



Transition And Coherence In Intellectual Property Law


Transition And Coherence In Intellectual Property Law
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Author : Niklas Bruun
language : en
Publisher: Cambridge University Press
Release Date : 2021-01-07

Transition And Coherence In Intellectual Property Law written by Niklas Bruun and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-07 with Law categories.


This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.



Abuse Of Dominant Position And Globalization Protection And Disclosure Of Trade Secrets And Know How


Abuse Of Dominant Position And Globalization Protection And Disclosure Of Trade Secrets And Know How
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Author : Pranvera Këllezi
language : en
Publisher: Springer
Release Date : 2017-05-05

Abuse Of Dominant Position And Globalization Protection And Disclosure Of Trade Secrets And Know How written by Pranvera Këllezi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-05 with Law categories.


This publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition law with regard to a number of key countries. The first part of the book examines the prohibition of abuse of a dominant position and globalization in relation to two broad questions: first, whether there is consistency between the approaches of different jurisdictions to the notion of abuse, and, second, whether there are too many restrictions on legal rights and business opportunities resulting from the prohibition of abuse of dominance. The international report drafted by Professor Pinar Akman reveals that there are as many similarities as differences between the approaches of the twenty-one jurisdictions studied and presented in this book. This is an invitation to read the excellent international report as well as the reports on specific jurisdictions in order to grasp the variety of arguments and approaches of this antitrust area, which may, on the surface, appear alike. The second part gathers contributions on the question of protection and disclosure of trade secrets and know-how from various jurisdictions. The need for adequate protection of trade secrets has increased due to digitalization and the ease with which large volumes of misappropriated information can be reproduced. The comprehensive international report, prepared by Henrik Bengtsson, brings together these reflections by comparing various national positions. The book also discusses the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, and includes proposed solutions and recommendations.



Employees Trade Secrets And Restrictive Covenants


Employees Trade Secrets And Restrictive Covenants
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Author : Christopher Heath
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-11-24

Employees Trade Secrets And Restrictive Covenants written by Christopher Heath and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-24 with Law categories.


Trade secrets and post-contractual non-compete clauses (restrictive covenants) are intrinsically linked issues when analysed in the context of past and present employment. While trade secrets have been the object of legislation in a number of major jurisdictions during the last couple of years, post-employment restrictive covenants have been left out of such legislative activity. Still, they have come under increasing scrutiny of economists and may well come into legislative focus in the near future. As the chapters of this book highlight in detail, the approach to the protection of trade secrets, the conditions under which an employer can protect trade secrets and other business interests by way of a restrictive covenant, and the scope within which former employees by using the skills and knowledge can compete with a former employer, hugely differ from jurisdiction to jurisdiction. This is not only so for the effective scope, but also for the underlying doctrinal reasons, making a country-by-country comparison difficult, and a common structure of the chapters a challenge. After all, the topic involves international law (Paris Convention, TRIPS), domestic labour law, domestic sui generis protection, and, most importantly, domestic competition and unfair competition law, a field that up to now has defied all attempts of harmonisation beyond those categories as identified by Friedrich Zoll and implemented as Art. 10bis in the Paris Convention. This book features both comparative and country-specific chapters. The latter cover the major jurisdictions of Europe and Asia, while the former provide a subject-matter analysis by taking into account legislation and case law in a global context.



Research Handbook On Information Law And Governance


Research Handbook On Information Law And Governance
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Author : Sandeen, Sharon K.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-09-23

Research Handbook On Information Law And Governance written by Sandeen, Sharon K. and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-23 with Law categories.


This fresh and insightful Research Handbook delivers global perspectives on information law and governance, delving into principles of information law in the areas of trade secrecy, privacy, data protection and cybersecurity.