Laws Protecting Trade Secrets
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Trade Secret Protection
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Author : Kung-Chung Liu
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-08-11
Trade Secret Protection written by Kung-Chung Liu 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 2021-08-11 with Law categories.
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.
The Law And Theory Of Trade Secrecy
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Author : Rochelle C. Dreyfuss
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011
The Law And Theory Of Trade Secrecy written by Rochelle C. Dreyfuss 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 2011 with Business & Economics categories.
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.
Laws Protecting Trade Secrets
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Author :
language : en
Publisher:
Release Date : 1996
Laws Protecting Trade Secrets written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Trade secrets categories.
The Protection Of Trade Secrets In China
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Author : Shan Hailing
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-11-01
The Protection Of Trade Secrets In China written by Shan Hailing 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 2012-11-01 with Law categories.
For business investors in China, the legal handling of trade secrets is often crucial. However, initiatives are often complicated by a patchwork trade secrets protection system – pieced together haphazardly over the last two decades and drawing on disparate elements of competition law, contract law, employment law, and criminal law – that diverges in significant ways from global standards and corresponding regimes in other countries. Now at last interested parties can benefit richly from a thorough and practical approach to the subject. This detailed analysis of China’s trade secrets law provides in-depth information and guidance on such important factors as the following: the current framework of China’s trade secrets law, its past development and its ongoing trends; legal comparison of China’s trade secrets law with various international, regional, and national schemes; what constitutes trade secrets infringement in China and what remedies are available; and the legal interaction in China between employment relations and trade secrets protection. The author pays close attention to judicial practice and precedent in the areas of civil remedies, criminal punishment, and administrative penalties. She also offers insightful proposals formulated to align China’s trade secrets law more efficiently with prevailing global standards and generally improve the mechanisms for its implementation. Corporate counsel and international lawyers concerned with intellectual property rights or labour law in China will greatly appreciate the knowledgeable guidance this book affords. They will gain a deeply informed perspective that allows them to avoid infringement, to battle it effectively if occasion arises, and to plan dispute resolution strategies for contingencies involving trade secrets protection in China.
Protection Of Trade Secrets
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Author : Brian T. Yeh
language : en
Publisher: CreateSpace
Release Date : 2015-06-26
Protection Of Trade Secrets written by Brian T. Yeh and has been published by CreateSpace this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-26 with categories.
A trade secret is confidential, commercially valuable information that provides a company with a competitive advantage, such as customer lists, methods of production, marketing strategies, pricing information, and chemical formulae. (Well-known examples of trade secrets include the formula for Coca-Cola, the recipe for Kentucky Fried Chicken, and the algorithm used by Google's search engine.) To succeed in the global marketplace, U.S. firms depend upon their trade secrets, which increasingly are becoming their most valuable intangible assets.
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
Protection Of Trade Secrets
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Author : Law Library Law Library of Congress
language : en
Publisher: CreateSpace
Release Date : 2014-12-03
Protection Of Trade Secrets written by Law Library Law Library of Congress and has been published by CreateSpace this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-03 with categories.
In Brazil, the violation of trade secrets is considered crime of unfair competition and is regulated by Law No. 9,279 of May 14, 1996. A constitutional principle protects the confidentiality of the source when necessary for the performance of a professional activity. For civil remedies, the Civil Code determines that a person who practices an illicit act and causes damage to another person is obligated to repair the damage caused. The Code of Civil Procedure allows for the search and seizure of a person or thing provided that the requester justifies the reasons for the measure, and Brazilian Labor Law grants employers the right to terminate an employee for violation of a trade secret. In China, the enforcement of trade secret protection may include criminal prosecution under the Criminal Law and administrative penalties under the Anti-Unfair Competition Law. The Anti-Unfair Competition Law also provides for compensatory damages as civil remedies to the trade secret owner, as do other civil and commercial laws such as the Contract Law and Labor Contract Law. A preliminary injunction for trade secret misappropriation used to be unusual, but this may be changing. There is no specific legislation that regulates trade secrets in India. The courts have protected trade secrets through common law actions for breach of confidence or breach of contract. In the absence a contract, Indian courts have also relied on the principle of equity to provide protection in some instances. Civil remedies include damages, injunctions, and the return of the confidential information. General civil law principles apply equally to the protection of trade (commercial) and production (know-how) secrets. Legal protection extends to information that was formally classified as secret and to cases when the owner of the secrets took the measures required to protect them. In cases where protected secrets are divulged, violators are subject to civil, criminal, administrative, and disciplinary measures. Civil remedies are usually limited to direct real damages incurred as the result of the trade secret infringement. Injunction relief can be requested by the owner of the information in order to prevent further damage. South Africa does not have specific legislation devoted to protecting trade secrets. However, South Africa's common law protects trade secrets from unauthorized conduct including their acquisition, use, and publication by competitors and current or former employees. South African courts protect information as a trade secret if it meets three requirements: it is capable of application in trade and industry, it is not within public knowledge, and it has an economic value. In cases of infringement of trade secrets, courts can prescribe a number of remedies under contract law and the law of tort (or delict).
Trade Secret Protection
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Author : Trevor Cook
language : en
Publisher:
Release Date : 2016
Trade Secret Protection written by Trevor Cook and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Trade secrets categories.
Edited by leading IP practitioner Trevor Cook from Bird & Bird, this important title demystifies the law of trade secrets in over 30 jurisdictions, covering substantive and procedural aspects of both criminal and civil law and exploring the final remedies available. Designed to provide clear, comprehensive and practical guidance, this is a powerful tool for anyone requiring a broader and fuller understanding of trade secret protection globally.
Securing Intellectual Property
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Author : Information Information Security
language : en
Publisher: Butterworth-Heinemann
Release Date : 2008-12-09
Securing Intellectual Property written by Information Information Security and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-09 with Law categories.
Most employeers are astounded at how easily and quickly their proprietary information can get out of their control. In a large number of cases, theft of trade secrets often involves employees leaving a company to start their own business or work for a direct competitor.Nearly all books that address the topic of trade secrets have the "spy vs. spy perspective. The author approaches the topic from a practical business perspective and not simply creating "paranoia for paranoia's sake. The material for this book comes from the author's extensive work experience as a computer forensics consultant and manager on numerous theft of trade secrets cases. - No-nonsense solutions to the most common intellectual property problems facing security managers, computer security professionals, corporate legal counsel, and human resource managers - Sample agreements and forms that address specific business needs - Coverage of threats ranging from physical security lapses to hackers to social engineering
Trade Secrets And Undisclosed Information
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Author : Sharon K. Sandeen
language : en
Publisher:
Release Date : 2014
Trade Secrets And Undisclosed Information written by Sharon K. Sandeen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Disclosure of information categories.
This collection comprises eighteen contemporary articles on an often overlooked, but important, field of intellectual property law: trade secrets and undisclosed information. Divided into five parts, the selected articles examine various aspects of trade secret law, including its historical development and the range of theories and justifications for trade secret protection. The material also provides a detailed exploration of the scope and limits of trade secret protection, and addresses how trade secret issues arise in a number of contexts, including employment, governmental relations, and the internet.