Trade Secrets, Restraint of Trade and Confidential Information PDF Download

Author:
Publisher:
ISBN:
Category : Restraint of trade
Languages : en
Pages : 106

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Author: Brian M. Malsberger
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 1776

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Author: Elizabeth A Rowe
Publisher: Edward Elgar Publishing
ISBN: 1782540784
Category : Law
Languages : en
Pages : 368

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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

Author: Christopher Heath
Publisher: Kluwer Law International B.V.
ISBN: 9041183809
Category : Law
Languages : en
Pages : 539

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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

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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: Rochelle C. Dreyfuss
Publisher: Edward Elgar Publishing
ISBN: 0857933078
Category : Business & Economics
Languages : en
Pages : 639

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Book Description
This timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships. The editors introduce the long tradition of trade secrecy protection and its emerging importance as a focus of scholarly inquiry. The book then presents theoretical, doctrinal, and comparative considerations of the foundations of trade secrecy, before moving on to study the impact of trade secrecy regimes on innovation and on other social values. Coverage includes topics such as sharing norms, expressive interests, culture, politics, competition, health, and the environment. This important Handbook offers the first modern exploration of trade secrecy law and will strongly appeal to intellectual property academics, and to students and lawyers practicing in the intellectual property area. Professors in competition law, constitutional law and environmental law will also find much to interest them in this book, as will innovation theorists.

Author: Allison Coleman
Publisher:
ISBN: 9780421471702
Category : Confidential communications
Languages : en
Pages : 149

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Book Description
The Legal Protection of Trade Secrets places trade secrets firmly in the context of intellectual property rights and commerce, and considers the complex web of law and policy underlying any decision to protect confidential information from unauthorized disclosure. It considers the position from both the situation of the employer and the employee.

Author: Magdalena Kolasa
Publisher: Cambridge University Press
ISBN: 1108335926
Category : Law
Languages : en
Pages : 411

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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: Michael Rajkowski
Publisher: LAP Lambert Academic Publishing
ISBN: 9783838348476
Category : Agreement on Trade-Related Aspects of Intellectual Property Rights
Languages : en
Pages : 144

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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:
Publisher:
ISBN: 9781862892781
Category : Breach of trust
Languages : en
Pages : 107

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