Trade Secrecy and International Transactions

Author: Elizabeth A. Rowe; Sharon K. Sandeen
Publisher: Edward Elgar Publishing
ISBN: 9781782540779
Published In: August 2015
Format: Hardback , 336 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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 offers an authoritative and unparalleled resource on US and international trade secret law and identifies optimal practices for securing trade secrets in varying jurisdictions.

Defined as the international standard for trade secret protection, the United States’ trade secret laws are explained in depth, illustrating their capacity and impediments. The proposed EU Trade Secret Directive and the impact this will have on international transactions is also closely examined, along with overviews of the laws in common law, civil law and mixed-law countries.

The book combines detailed substantive analysis with clear practical guidance on questions such as how businesses can avoid misappropriation and maintain data exclusivity when engaging in global commerce, through the utilization of alternative self-help strategies.

Key features:-

Presents a roadmap for understanding trade secrets, including requirements for, defences to, and remedies.
Covers both business-to-business and employment relationships.
Authoritative commentary on US and EU trade secrecy laws in addition to coverage of the UK, India, China, Mexico, Brazil, Canada and Japan.
Dependable analysis from two leading scholars in the field.
Practical advice on overcoming the challenges businesses face when engaging in international transactions, including strategies for avoiding misappropriation.
Clear guidance on enforcement mechanisms and litigation procedure.

This well-organized reference work will benefit legal practitioners in the commercial field across many jurisdictions, particularly those advising on business transactions or implementing protection strategies for trade information. Policymakers will find the definition of trade secret law characteristics for multiple countries, alongside the consideration of the proposed EU Trade Secret Directive, pragmatic and informative.

PART I TRIPS REQUIREMENTS AND THE FUNDAMENTALS OF US TRADE SECRET LAW

1. Introduction

2. Article 39 of the TRIPS Agreement

3. US Trade Secret Law and the Uniform Trade Secrets Act

4. Trade Secrets and Business to Business Relationships

5. Trade Secrecy in Employment Relationships

6. Enforcement Mechanisms and Litigation

7. Government Held Trade Secrets and Data Exclusivity

PART II OVERVIEW OF TRADE SECRET LAW IN SELECT COUNTRIES

8. Understanding the Laws of Other Countries

9. Country Overviews: Common Law Countries

10. Country Overviews: Civil Law Countries