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Author: Gordon L. Hughes Publisher: ISBN: 9780455500775 Category : Privacy, Right of Languages : en Pages : 1782
Book Description
Law of Trade Secrets and Privacy Third Edition provides essential guidance through the law regarding personal, institutional and corporate privacy. This long-awaited new edition assists readers to better protect commercially sensitive, and private and personal information, by understanding the underlying principles of two related and rapidly changing areas of law. Protection of trade secrets is an integral part of business development. Similarly, protection of personal information is becoming increasingly complex under expanding privacy regulation. This book addresses the obligations in both areas, including the overlap. Constantly-evolving technology creates risk for businesses and individuals, yet legal regulatory frameworks may be slow to respond, and lag behind developments. A practitioner or company with a clear grasp of relevant legal principles and practice is better equipped to develop strategies for safeguarding against breaches of confidence. Since the Second Edition published in 2002, the challenges to personal, institutional and corporate privacy have become much more complex. Compliance with confidentiality laws is now complicated by jurisdictional issues arising from the use of modern communication technology, including social media. In addition, fiduciary relationships add another level of complication. In response, employment contracts and business restraints are becoming more prevalent. Privacy legislation has continued to evolve and it is necessary for practitioners to be familiar with Commonwealth, State and Territory privacy and health records regulation. The Privacy Act itself has recently undergone major amendments, and more are anticipated. At the same time, statutory protection is further complicated by the possible emergence of a common law right to privacy. Practitioners must move quickly in response to these developments and to anticipate how the courts will interpret them. Law of Trade Secrets and Privacy Third Edition is extracted from the subscription service Trade Secrets and Privacy, maintained by privacy and data protection specialist lawyer, Gordon Hughes . It is an essential and affordable resource for every company, institution and individual with privacy concerns.
Author: Gordon L. Hughes Publisher: ISBN: 9780455500775 Category : Privacy, Right of Languages : en Pages : 1782
Book Description
Law of Trade Secrets and Privacy Third Edition provides essential guidance through the law regarding personal, institutional and corporate privacy. This long-awaited new edition assists readers to better protect commercially sensitive, and private and personal information, by understanding the underlying principles of two related and rapidly changing areas of law. Protection of trade secrets is an integral part of business development. Similarly, protection of personal information is becoming increasingly complex under expanding privacy regulation. This book addresses the obligations in both areas, including the overlap. Constantly-evolving technology creates risk for businesses and individuals, yet legal regulatory frameworks may be slow to respond, and lag behind developments. A practitioner or company with a clear grasp of relevant legal principles and practice is better equipped to develop strategies for safeguarding against breaches of confidence. Since the Second Edition published in 2002, the challenges to personal, institutional and corporate privacy have become much more complex. Compliance with confidentiality laws is now complicated by jurisdictional issues arising from the use of modern communication technology, including social media. In addition, fiduciary relationships add another level of complication. In response, employment contracts and business restraints are becoming more prevalent. Privacy legislation has continued to evolve and it is necessary for practitioners to be familiar with Commonwealth, State and Territory privacy and health records regulation. The Privacy Act itself has recently undergone major amendments, and more are anticipated. At the same time, statutory protection is further complicated by the possible emergence of a common law right to privacy. Practitioners must move quickly in response to these developments and to anticipate how the courts will interpret them. Law of Trade Secrets and Privacy Third Edition is extracted from the subscription service Trade Secrets and Privacy, maintained by privacy and data protection specialist lawyer, Gordon Hughes . It is an essential and affordable resource for every company, institution and individual with privacy concerns.
Author: J. Patrick Huston Publisher: American Bar Association Intellectual Property Law Section ISBN: 9781641056021 Category : Actions and defenses Languages : en Pages : 881
Book Description
"The comprehensive analysis is accompanied by a synthesis of the Uniform trade secrets act case law determining the key trade secret issues as well as online synopses of each UTSA case, organized by the type of the alleged trade secret, the industry, and whether the trade secret owner won or lost"--ABA website.
Author: Robert Dean (LL.M.) Publisher: ISBN: 9780455217116 Category : Freedom of information Languages : en Pages : 686
Book Description
The second edition of THE LAW OF TRADE SECRETS has been updated to provide new cases and commentary in the complex area of trade secrets. It discusses and analyses issues such as employee inventors, duties arising from a fiduciary relationship and economic torts and information secrets. The book contains new material that looks at the development of equity in protecting privacy and the law of personal secrets. It includes a new chapter examining the impact of FOI regimes in relation to trade secrets, a growing area of concern for practitioners. Readers will find that the text builds on the strength of the first edition to result in a highly useful text that they will turn to in dealing with complex trade secret issues.
Author: Sharon K. Sandeen Publisher: ISBN: Category : Languages : en Pages : 41
Book Description
Did you ever stop to wonder why quot;secretquot; business information enjoys greater protection in the United States than quot;privatequot; personal information? Those who are content with the current state of information privacy might answer that it is because we place a higher value on business information than personal information. Others might point to the difficulty our legal system has had in recognizing claims for non-economic harms. This article presents a third explanation: what distinguishes modern trade secret law from the current state of information privacy law is the procedural and substantive ways in which each area of law developed.From a substantive perspective, the inadequate state of privacy law is the result of a number of factors, including the misapplication of the expectation of privacy doctrine, the abandonment of a focus on relationships, and a narrow vision of actionable wrongdoing. In direct contrast, the effectiveness of modern trade secret law is due to the development of the relative secrecy doctrine, a balanced focus on relationships, and a definition of misappropriation that includes the acquisition, disclosure and use of trade secret information. If privacy law follows the path of trade secret law, we need not wait for the common law to provide better protection for personal information. Because privacy law has developed to a point where its strengths and weaknesses can be identified, lawmakers can adopt a uniform law or federal statute to resolve all lingering debate. In the same way that trade secrets rights are not lost if they are subject to reasonable efforts to protect their secrecy, an individual's privacy interests in personal information should not be lost if the disclosure of such information is similarly circumscribed. The context in which personal information is disclosed should matter and, thus, the test for the protection of personal information should not be absolute privacy but quot;relative privacy.quot.
Author: David W. Quinto Publisher: OUP USA ISBN: 9780199767571 Category : Law Languages : en Pages : 0
Book Description
This book assembles case law analysis and strategic advice on prosecuting and defending trade secret misappropriation actions, maintaining legally sufficient trade secret protection measures, and supervising outside attorneys in the course of litigation. This book is an invaluable resource for both firm-based litigators and in-house attorneys, and it sets a new standard for the insightful analysis of U.S. trade secret law and practice.
Author: Kung-Chung Liu Publisher: ISBN: 9789403530536 Category : Languages : en Pages : 496
Book Description
In recent years, as companies implement strategies to protect their intellectual property in a competitive environment with rapidly developing technology, trade secret protection law has gained increasing importance. This is especially true in Asia, where the staggering commercial value of trade secrets, fierce cross-border competition, and large-scale labour mobility characterize the region's economy. This book - the first systematic study of trade secret protection law covering a number of key Asian jurisdictions - provides a detailed analysis of the relevant statutory and case law of Japan, Korea, China, Taiwan, Thailand, Singapore, Hong Kong, Malaysia, and India. In addition, a chapter on European Union trade secret protection law is included for further purposes of comparison. 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. With its authoritative insights and comprehensive coverage of the dynamic and multifaceted development of trade secret protection law in Asia, the book will be a primer for practitioners, corporate counsels, judges, and scholars concerned with cross-border protection of intellectual assets.