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Trade Secret Protection: Asia at a Crossroads

Edited by Reto Hilty · Kung-Chung Liu
Kluwer Law International August 2021

Specifications

ISBN-13
9789403530536
Publisher
Kluwer Law International
Publication
August 2021
Format
Hardback
Jurisdiction
International ? Countri(es) for reference only

Details

Trade Secret Protection: Asia at a Crossroads, a first-of-its-kind systematized research of trade secret protection laws covering several Asian jurisdictions, furnishes an in-depth analysis of the relevant statutory and case law of Japan, Korea, China, Taiwan, Thailand, Singapore, Hong Kong, Malaysia, and India. Additionally, a chapter on the European Union trade secret protection law enables further comparison. Trade secret protection law has gained increasing importance in recent years, as companies implement strategies to protect their intellectual property in a competitive environment with rapidly developing technology. This holds especially true for Asia, where the staggering commercial value of trade secrets, stiff cross-border competition, and large-scale labour mobility characterize the region’s economy.

What’s in this book:

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.

How this will help you:

This authentic, reliable and insightful compendium of the dynamic and multifaceted development of trade secret protection law in Asia promises to be an asset for practitioners, corporate counsels, judges, and scholars concerned with cross-border protection of intellectual assets.

Table of Contents

Editors

Contributors

Introduction
Kung-Chung Liu & Reto Hilty

PART I
Asian Civil Law Jurisdictions with No Sui Generis Law

CHAPTER 1
Japan
Masabumi Suzuki

CHAPTER 2
Trade Secret Law in Korea (Country Report)
Byungil Kim

CHAPTER 3
China
Xiuqin Lin

PART II
Asian Civil Law Jurisdictions with Sui Generis Law

CHAPTER 4
Taiwan
Hsiao-Fen Hsu

CHAPTER 5
Thailand
Sutatip Yuthayotin & Tosaporn Leepuengtham

PART III
Asian Common Law Jurisdictions

CHAPTER 6
Singapore
Ng-Loy Wee Loon

CHAPTER 7
Hong Kong
Jyh-An Lee & Jingwen Liu

CHAPTER 8
Malaysia
Lim Heng Gee

CHAPTER 9
India
Prashant Reddy T.

PART IV
Some References from the Occident

CHAPTER 10
Trade Secrets Protection in the European Union
Luc Desaunettes-Barbero

Index

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