Is the EU Obliged to Improve the Protection of Trade Secrets? An Inquiry Into TRIPS, the European Convention on Human Rights and the EU Charter of Fundamental Rights PDF Download
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Author: M. Bronckers
Publisher:
ISBN:
Category : Europe
Languages : en
Pages : 16
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Book Description
Author: M. Bronckers
Publisher:
ISBN:
Category : Europe
Languages : en
Pages : 16
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Book Description
Author: Marco Bronckers
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This article examines the treatment in the EU of trade secrets, which are not recognized in many EU Member States as intellectual property. The authors analyze the EU's obligations under international treaties (notably TRIPS) and under European law (notably the EU Charter of Fundamental Rights and the European Convention on Human Rights). They conclude that the EU is already subject to the obligation to protect trade secrets as intellectual property as a matter of positive law. They note that the EU institutions as well as a sizeable number of EU Member States have not yet fully taken these obligations on board. The authors show that conclusion has direct implications for various regulatory activities of the EU, both internally and externally. Internally, the EU has new powers to harmonize and improve the protection of trade secrets in the Member States. The EU itself, notably in competition law enforcement, needs to approach trade secret protection more consistently, if not differently. Externally, in negotiations with third countries, the EU needs to upgrade the protection of trade secrets as well.
Author: Jens Schovsbo
Publisher: Edward Elgar Publishing
ISBN: 1788973348
Category : Law
Languages : en
Pages : 352
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Book Description
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.
Author: Lydia Lundstedt
Publisher: Edward Elgar Publishing
ISBN: 1035315114
Category : Law
Languages : en
Pages : 335
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Book Description
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.
Author: Luc Desaunettes-Barbero
Publisher: Springer Nature
ISBN: 3031267869
Category : Law
Languages : en
Pages : 505
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Book Description
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.
Author: Ali Jazairy
Publisher: Université de Genève
ISBN: 3725569126
Category : Law
Languages : en
Pages : 139
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Book Description
120p
Author: Christophe Geiger
Publisher: Edward Elgar Publishing
ISBN: 1783472421
Category : Law
Languages : en
Pages : 753
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Book Description
Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world re
Author: Magdalena Kolasa
Publisher: Cambridge University Press
ISBN: 1108424228
Category : Business & Economics
Languages : en
Pages : 411
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Book Description
A comparative analysis of trade secrets enforcement against ex-employees in the EU and USA, aimed at legislators and practitioners.
Author: P. Bernt Hugenholtz
Publisher: Kluwer Law International B.V.
ISBN: 9041191038
Category : Law
Languages : en
Pages : 370
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Book Description
About this book: Copyright Reconstructed is the result of a collaborative research project, ‘Reconstructing Rights’ funded by Microsoft Europe, that normatively examined the core economic rights protected under EU copyright law, with the aim of realigning these rights with economic and technological realities. It follows an interdisciplinary approach, combining economic and legal methods. The book presents various concurring future models of ‘reconstructed’ copyright law. The historical evolution of copyright has led to a growing disconnect between the legal definitions of economic rights and the business and technological realities they regulate, eroding copyright’s normative content and distorting the scope of its economic rights. What’s in this book: This book is structured as follows. Following a historical chapter that illustrates how a structure of media-specific economic rights has developed in international copyright law as copyright’s catalogue of rights, a number of alternative models for reconstructing rights are presented in the form of chapters by Europe’s most respected copyright scholars and economists focusing on potentially copyright-relevant acts that lie at the borders of exclusive rights: digital resale;private copying;hyperlinking and embedding;cable retransmission; andtext and data mining. How this will help you: Offering the most incisive current thinking on copyright’s economic rights in an increasingly networked world where acts of usage of works occur on a global or regional scale rather than on a purely national territorial basis, this book will be of immeasurable value not only to academics but also to practitioners and professionals in intellectual property law. This book guides copyright lawyers and scholars in the fields of international and EU copyright law in understanding the nexus between copyright law and technological and economic change. It also helps lawmakers and judges at the European, national and international levels formulate legislative responses to the challenges of the digital environment.
Author: Sandeen, Sharon K.
Publisher: Edward Elgar Publishing
ISBN: 1788119924
Category : Law
Languages : en
Pages : 352
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Book Description
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.
