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Author: Michael Rajkowski Publisher: LAP Lambert Academic Publishing ISBN: 9783838348476 Category : Agreement on Trade-Related Aspects of Intellectual Property Rights Languages : en Pages : 144
Book Description
In recent years, due to technological progress, the number of cases concerning misuse and theft of valuable information by departing employees has increased. Therefore, this book explains and compares the New Zealand and German law (and their development) concerning protection of trade secrets and confidential information from disclosure by leaving employees. Necessarily, the New Zealand part, as a field of law governed by case law, also includes comparison with other common law systems. The work distinguishes trade secret protection from intellectual property law. Furthermore, restraint of trade law and its counterpart in Germany, so-called 'Wettbewerbsverbote', are observed as an indirect protection feature for trade secrets. More recent phenomena, such as 'garden leave' clauses, are also taken into account. Finally, the law enforcement and therefore remedies are focused and evaluated. The results of this comparative analysis can be useful to practitioners and scholars in New Zealand and Germany, as well as to their colleagues from similar law systems in our globalising economy.
Author: Michael Rajkowski Publisher: LAP Lambert Academic Publishing ISBN: 9783838348476 Category : Agreement on Trade-Related Aspects of Intellectual Property Rights Languages : en Pages : 144
Book Description
In recent years, due to technological progress, the number of cases concerning misuse and theft of valuable information by departing employees has increased. Therefore, this book explains and compares the New Zealand and German law (and their development) concerning protection of trade secrets and confidential information from disclosure by leaving employees. Necessarily, the New Zealand part, as a field of law governed by case law, also includes comparison with other common law systems. The work distinguishes trade secret protection from intellectual property law. Furthermore, restraint of trade law and its counterpart in Germany, so-called 'Wettbewerbsverbote', are observed as an indirect protection feature for trade secrets. More recent phenomena, such as 'garden leave' clauses, are also taken into account. Finally, the law enforcement and therefore remedies are focused and evaluated. The results of this comparative analysis can be useful to practitioners and scholars in New Zealand and Germany, as well as to their colleagues from similar law systems in our globalising economy.
Author: Magdalena Kolasa Publisher: Cambridge University Press ISBN: 1108335926 Category : Law Languages : en Pages : 411
Book Description
In the increasingly knowledge- and innovation-based economy in which the mobility of the workforce is vital, employees and ex-employees are considered to be one of the biggest threats to the existence of trade secrets. The interests of the former parties to the employment relationship are contradictory: employers want to safeguard their competitive position by limiting use of information, and employees want to use that information to pursue their professional career. Magdalena Kolasa analyses existing guidelines that determine the extent to which former employees may use information learned during service. She proposes criteria for a balanced enforcement of trade secrets, discussing the statutory and implicit confidentiality duties, contractual protection, and remedies. Drawing from the laws of Germany, UK, and USA, and considering the EU Trade Secrets Directive, this book advocates an approach which recognises the value and functions of trade secrecy both within companies and in the context of public policy.
Author: Christopher Heath Publisher: Kluwer Law International B.V. ISBN: 9041183809 Category : Law Languages : en Pages : 539
Book Description
Trade secrets and post-contractual non-compete clauses (restrictive covenants) are intrinsically linked issues when analysed in the context of past and present employment. While trade secrets have been the object of legislation in a number of major jurisdictions during the last couple of years, post-employment restrictive covenants have been left out of such legislative activity. Still, they have come under increasing scrutiny of economists and may well come into legislative focus in the near future. As the chapters of this book highlight in detail, the approach to the protection of trade secrets, the conditions under which an employer can protect trade secrets and other business interests by way of a restrictive covenant, and the scope within which former employees by using the skills and knowledge can compete with a former employer, hugely differ from jurisdiction to jurisdiction. This is not only so for the effective scope, but also for the underlying doctrinal reasons, making a country-by-country comparison difficult, and a common structure of the chapters a challenge. After all, the topic involves international law (Paris Convention, TRIPS), domestic labour law, domestic sui generis protection, and, most importantly, domestic competition and unfair competition law, a field that up to now has defied all attempts of harmonisation beyond those categories as identified by Friedrich Zoll and implemented as Art. 10bis in the Paris Convention. This book features both comparative and country-specific chapters. The latter cover the major jurisdictions of Europe and Asia, while the former provide a subject-matter analysis by taking into account legislation and case law in a global context.
Author: Jerry Cohen Publisher: BNA Books (Bureau of National Affairs) ISBN: Category : Trade secrets Languages : en Pages : 648
Book Description
Treating certain information as trade secrets has its legal advantages -- but only if you protect that information properly.Know your clients' rights and limits with this thorough treatment of the entire range of trade secret issues. The authors give you winning strategies at every stage of trade secret protection -- and explore related topics including covenants not to compete and raiding.
Author: Michael Rajkowski
Author: Michael Rajkowski
Author: James Pooley
Author: Magdalena Kolasa
Author: Michael Rajkowski
Author: Christopher Heath
Author: Arthur H. Seidel
Author: James Pooley
Author: Jerry Cohen
Author: John Roger O'Meara
Author: Yuval Feldman