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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. Providing US, Japanese
and European perspectives, this Research Handbook presents an
overview of legal regimes concerning the protection of information,
with a particular focus on trade secrecy protection. Top
international contributors offer analyses of general principles of
information law, rights in data, the tension between trade secrecy
and the freedom of information and the cross-fertilisation between
national and regional data protection regimes. Presenting an
interdisciplinary and holistic approach to information law and
governance, this innovative Research Handbook will be useful to
those researching trade secrets, privacy and data security laws.
The broad range of perspectives will also appeal to attorneys and
information professionals who are engaged in information governance
activities on behalf of their clients or employers.
The great virtue of this work is found in its excellent structure.
The first part provides a neat introductory road map for
fundamental trade secrets concepts, then considers the TRIPS
obligation, the trade secret law of the United States with well
explained sections on trade secrets in business transactions,
employment relations, enforcement and litigation, government
secrets and data exclusivity. The second part provides country
overviews with sections for common law and civil law countries and
the appendices examine aspects of the proposed EU Directive. This
is a comprehensive, sensible, practical, intelligently balanced,
thoroughly researched and well written work that will be of real
value to anyone interested in this increasingly important area of
commercial law.' - Ping Xiong, University of South Australia'This
book makes a remarkable contribution to the understanding of the
legal foundations and main features of trade secret law in several
jurisdictions. It also provides useful guidance to deal with
practical issues concerning trade secrets protection. While
carefully addressing the balance between the protection of private
interests and the principles of free competition, the book examines
recent initiatives to fight cyber-espionage and their implications
for the configuration of trade secrets law, the enforcement of
rights and professional practice.' - Carlos M. Correa, University
of Buenos Aires, Argentina 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.
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. Including an original
introduction by the editors, Trade Secrets and Undisclosed
Information brings this significant subject into the forefront of
discussion, and will be an invaluable resource to students,
scholars and practitioners alike.
This is the third edition of the first casebook in the United
States devoted exclusively to trade secret law. As with previous
editions, it is challenging yet user-friendly to students in order
to facilitate their reading and understanding of the material. It
is designed to be used by law students (and business students) with
no prior background in intellectual property law. Most of the cases
added to this third edition are recent cases that apply the Defend
Trade Secrets Act (DTSA). Due to the breadth of the subject matter,
professors who teach trade secret law need not be intellectual
property experts, but can specialize in a variety of fields,
including employment law, torts, and unfair competition. The
casebook also provides the context to re-teach and reinforce many
of the basic concepts of law that students learned as 1L's,
including tort law, contract law, property law, civil procedure,
constitutional law, and criminal law. The authors have made
conscious and thoughtful decisions about the way in which the
information throughout the casebook is presented and organized. The
general organization of the casebook follows a logical analytical
approach to understanding trade secret law with the chapters
progressing from proving the essential elements of a trade secret
claim to defensive tactics and remedies, managing trade secrets,
and criminal actions. It also addresses employment, management, and
international issues.
This book is designed to teach law students and information
professionals the law and practices related to information
management, or what is increasingly referred to as the practice of
information governance. Of necessity, it covers a lot of ground:
from information contracts and information torts to government
transparency and cybersecurity. It is, in effect, an information
law survey book, but one that combines a discussion of applicable
law with the practical and process orientation that is a hallmark
of those involved in information governance.
Trade Secret Law is the first and only book in the Nutshell series
to cover trade secret law in depth. It was written as a companion
to Cases and Materials on Trade Secret Law by Rowe and Sandeen (the
first casebook on trade secret law), but adds more practical
advice. Thus, it is a useful resource for attorneys and law
students alike. It could be a supplement to a course on trade
secret law or an IP survey course that covers trade secret law, as
most now do. Like the casebook, it focuses on the predominate law
governing trade secrets in the U.S.: The Uniform Trade Secrets Act
(now applicable in 47 of 50 states). The Trade Secret Law in a
Nutshell addresses both international and criminal enforcement of
trade secret rights. The Second Edition includes significant legal
developments, including coverage of the Defend Trade Secrets Act of
2016.
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