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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: Jens Schovsbo
Publisher: Edward Elgar Publishing
ISBN: 1788973348
Category : Law
Languages : en
Pages : 352
Get Book Here
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: Fabian Junge
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Albeit often being considered as ugly duckling or stepchild of intellectual property in the past, the subject of trade secret protection has increasingly gained more and more importance. The desire to guard the sweeping economic value of intellectual property, and especially of trade secrets, prompted action by the European legislator. The recently adopted Trade Secrets Directive is aimed at harmonizing key aspects of civil trade secret protection in the EU by providing uniform definitions and requirements as well as minimum standards for procedures and remedies. In a first step, this Thesis evaluates whether this harmonization is necessary at all given the existing domestic legal regimes and the minimum requirements enshrined in TRIPS. After identifying that there is indeed a detrimental fragmentation in the EU with respect to trade secret protection, harmonization on European level proves to be desirable and imperative for advancing the internal market and cross-border activities. To be successful, however, the Trade Secrets Directive must be capable of adequately and effectively introducing an improved and comprehensive European regime on trade secrets. Therefore, the scope and content of the Trade Secrets Directive are critically assessed. Particularly, the limited reach of harmonization is highlighted. Furthermore, key substantive elements of the Trade Secrets Directive are examined with a focus on their impact on the approximation of national laws. In the end, the European legislator did create a level playing field for trade secret protection in the EU - but it is a flawed one.
Author: Teresa Trallero Ocaña
Publisher:
ISBN: 9783848771462
Category :
Languages : en
Pages : 640
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Book Description
Im digitalen Zeitalter ist Information zu einem immer wertvolleren, aber gleichzeitig auch verletzlichen Gut geworden. Die strategische Rolle, die Geschaftsgeheimnisse in der Wirtschaft des Binnenmarktes spielen, und der verstreute Rechtsrahmen in den verschiedenen EU-Rechtsordnungen haben die EU-Kommission dazu veranlasst, diesen Rechtsbereich zu harmonisieren und die Richtlinie uber Geschaftsgeheimnisse zu verabschieden. Die Arbeit analysiert die Bedingungen, unter denen Informationen ihren geheimen Charakter verlieren, in den offentlichen Bereich gelangen und dann von Wettbewerbern frei genutzt werden konnen. Dabei wird der durch die Richtlinie uber Geschaftsgeheimnisse geschaffene rechtliche Rahmen berucksichtigt.
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: Paul L.C. Torremans
Publisher:
ISBN:
Category :
Languages : en
Pages : 12
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Book Description
Trade secrets have traditionally been protected in various ways by national laws in the European Union. The international intellectual property treaties offered only a limited common core. From this starting point this article examines the new EU draft directive on trade secrets. The aim is not to put in place a comprehensive EU regime for the protection of trade secrets. There will only be a partial harmonisation of the national laws of the Member States, focussing on the unlawful acquisition, disclosure and use of trade secrets, and that harmonization will be of a minimalist nature in the sense that Member States may provide, in compliance with the provisions of the Treaty, for more far-reaching protection against the unlawful acquisition, use or disclosure of trade secrets than that required in the Directive.
Author: Marcelo Corrales Compagnucci
Publisher: Springer Nature
ISBN: 9811513503
Category : Law
Languages : en
Pages : 263
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Book Description
The exponential growth of disruptive technology is changing our world. The development of cloud computing, big data, the internet of things, artificial intelligence, machine learning, deep learning, and other related autonomous systems, such as self-driving vehicles, have triggered the emergence of new products and services. These significant technological breakthroughs have opened the door to new economic models such as the sharing and platform-based economy. As a result, companies are becoming increasingly data- and algorithm-driven, coming to be more like “decentralized platforms”. New transaction or payment methods such as Bitcoin and Ethereum, based on trust-building systems using Blockchain, smart contracts, and other distributed ledger technology, also constitute an essential part of this new economic model. The sharing economy and digital platforms also include the everyday exchange of goods allowing individuals to commodify their surplus resources. Information and innovation technologies are used in order to then match these resources with existing demand in the market. Online platforms such as Airbnb, Uber, and Amazon reduce information asymmetry, increase the value of unused resources, and create new opportunities for collaboration and innovation. Moreover, the sharing economy is playing a major role in the transition from exclusive ownership of personal assets toward access-based exploitation of resources. The success of online matching platforms depends not only on the reduction of search costs but also on the trustworthiness of platform operators. From a legal perspective, the uncertainties triggered by the emergence of a new digital reality are particularly urgent. How should these tendencies be reflected in legal systems in each jurisdiction? This book collects a series of contributions by leading scholars in the newly emerging fields of sharing economy and Legal Tech. The aim of the book is to enrich legal debates on the social, economic, and political meaning of these cutting-edge technologies. The chapters presented in this edition attempt to answer some of these lingering questions from the perspective of diverse legal backgrounds.
Author: Jens Schovsbo
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
EU countries have traditionally protected trade secrets in different ways but after the adoption of the EU Directive on the protection of trade secrets (TSD) they now have to change their ways and implement the common provisions. However, defining the room of maneuverer which is left for national legislators and courts is a complicated matter not least because the Directive relies on a complicated mix of minimum standards and maximum obligations. Using examples from the Nordic countries this article first uses general principles of EU law to identify the floors and ceilings of the TSD and then assesses some of the choices made by the Nordic countries and identifies outstanding issues.
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: Niklas Bruun
Publisher: Cambridge University Press
ISBN: 1108484603
Category : Law
Languages : en
Pages : 531
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Book Description
This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.
Author: Elizabeth A Rowe
Publisher: Edward Elgar Publishing
ISBN: 1782540784
Category : Law
Languages : en
Pages : 368
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Book Description
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
