Trade Secrets and Intellectual Property
Breach of Confidence, Misappropriation and Unfair Competition
1st Edition
Published on 17. January 2014
272 pages
978-90-411-4824-7 (ISBN)
Description
Unlike patents and copyrights, there is very little in the way of international standards or harmonization in trade secrets law. Nonetheless there is a growing realization that variable rules concerning trade secrets impact investment decisions, structuring of multinational businesses, and hiring policies. There is increasing concern that ineffective trade secrets protection will deter certain kinds of foreign direct investment and place a brake on cross-border trade and commercial agreements. On the other hand, because trade secrets protection tends to militate against labour mobility, freedom to imitate, and open circulation of what needs to be known to compete, it sits at the eye of the competitive storm.
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William van Caenegem
Trade Secrets and Intellectual Property
Breach of Confidence, Misappropriation and Unfair Competition
Book
01/2014
1st Edition
Kluwer Law International
€166.50
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Content
- Cover
- Half Title Page
- Title Page
- Copyright Page
- About the Author
- Table of Contents
- Acknowledgements
- CHAPTER 1 Introduction and Background of Trade Secrets Protection
- §1.01 THIS WORK
- §1.02 BACKGROUND
- §1.03 TRADE SECRETS FROM AN INNOVATION AND COMMERCIAL PERSPECTIVE
- §1.04 TRADE SECRETS FROM A DOCTRINAL PERSPECTIVE
- §1.05 HARMONIZATION IN INTELLECTUAL PROPERTY AND RELATED AREAS
- §1.06 THE BROADER CONTEXT OF RIGHTS
- §1.07 COMMON LAW VERSUS CIVIL LAW
- §1.08 THE HEART OF THE MATTER: THE INTRINSIC SIGNIFICANCE OF TRADE SECRETS
- §1.09 THE ADEQUACY AND APPROPRIATENESS OF LEGAL PROTECTION
- §1.10 THE PUBLIC DOMAIN AND DEVELOPMENT
- §1.11 THE FOLLOWING CHAPTERS
- CHAPTER 2 Property, Propriety and Policy
- §2.01 INTRODUCTION: POLICY AND DOCTRINE
- [A] Property in Information?
- [B] IP, Crime, and Property
- §2.02 SOME ECONOMICS OF TRADE SECRETS
- [A] Lemley: Trade Secrets as Intellectual Property in the US Context
- [B] The Property Rationale in English Law
- [C] Risch: A Comprehensive tour d'horizon
- §2.03 A BEHAVIOURAL AND SOCIO-LEGAL APPROACH TO TRADE SECRETS
- §2.04 A DOCTRINAL APPROACH
- [A] Focus on the Nature of Remedies
- [B] Bone's Radical Take: No Law of Trade Secrets
- §2.05 THE PRIVACY RATIONALE
- §2.06 CONCLUSIONS
- CHAPTER 3 International Standards
- §3.01 TREATY STANDARDS
- [A] Introduction
- [B] The International Protection Standard in the Paris Convention and TRIPS
- [C] Other International Provisions
- [D] The Treaty Standard and Domestic Implementation
- §3.02 OVERVIEW OF APPROACHES
- [A] The Civilian and Common Law Approaches Compared
- [B] Fundamental Rights
- [C] Law and Equity
- [D] Cases and Statutes
- §3.03 DOCTRINAL DIFFERENCES
- [A] The Action for Breach of Confidence versus Other Approaches
- [B] Statutory Intervention
- [C] The Application of the Criminal Law to Trade Secrets
- §3.04 DOCTRINAL SIMILARITIES
- [A] No Property Rights Recognized
- [B] The Relative Standard of Secrecy
- [C] Trade Secrets and Contract
- [D] Resolving Complexity and Uncertainty by Contract
- §3.05 CONCLUDING COMMENTS
- CHAPTER 4 The Common Law Approach: The English Law System
- §4.01 INTRODUCTION TO THE ENGLISH APPROACH
- [A] Historical Development of the Action for Breach of Confidence
- §4.02 ELEMENTS OF THE MODERN ACTION
- §4.03 INDUSTRIAL ESPIONAGE IN ENGLISH LAW
- [A] Impropriety or No Impropriety, What Is Impropriety?
- §4.04 THE EXTENDED ACTION FOR BREACH OF CONFIDENCE IN ENGLAND
- §4.05 THE MINOR ROLE OF STATUTE AND CRIMINAL LAW IN ENGLAND AND SIMILAR JURISDICTIONS
- §4.06 CONCLUSIONS
- CHAPTER 5 The Common Law Approach: The United States
- §5.01 INTRODUCTION
- [A] The Emergence of Trade Secrets Law in the US
- §5.02 UNFAIR COMPETITION AND OTHER ACTIONS
- [A] Unfair Competition
- [B] The Other Relevant Causes of Action
- §5.03 THE UNIFORM TRADE SECRETS ACT
- [A] The Requirements of the UTSA
- [B] Evidence of Measures to Protect Secrecy
- [C] Impropriety
- [D] Inevitable Disclosure
- [E] Some Characteristics of Litigation in the US
- §5.04 THE CRIMINAL LAW
- [A] Overview of Criminal Law
- §5.05 CONCLUSION
- CHAPTER 6 Civilian Approaches: France
- §6.01 INTRODUCTION
- [A] Background of the French Legal Position
- [B] Overview of the Present Legal Position
- §6.02 CRIMINAL LAW
- [A] Secrets De Fabrique
- [B] General Criminal Law: Theft of Information 'as Such'?
- [C] Receiving and Handling Stolen Information?
- [D] Abus De Confiance
- [E] The 'Projet De Loi Carayon': Expanding Criminal Liability
- §6.03 CIVIL LAW
- [A] Unfair Competition Law and the Law of 'Parasitic Misappropriation'
- [B] Elements of the Action
- [C] Unfair Competition: Evolution and Debate
- [D] Comparative Points
- §6.04 CONTRACTUAL PROTECTION OF TRADE SECRETS IN FRANCE
- [A] Non-competes
- [B] The Requirement of Consideration
- §6.05 CONCLUSIONS
- CHAPTER 7 Civilian Approaches: Germany
- §7.01 INTRODUCTION
- §7.02 TRADE SECRETS LAW AND POLICY IN GERMANY
- §7.03 THE BETRAYAL OF TRADE SECRETS BY EMPLOYEES: ARTICLE 17(1)
- [A] Generally
- [B] The Notion of a Trade Secret under Article 17
- [C] Other Elements of Article 17
- [D] Acts of Betrayal under Article 17(1)
- [E] The Mental Element in Article 17
- §7.04 INDUSTRIAL ESPIONAGE UNDER ARTICLE 17(2)
- [A] Impugned Methods
- [B] Acquiring or Securing without Authority
- [C] Unauthorized Communication or Exploitation
- §7.05 ARTICLE 18 UWG: MISUSE OF DRAWINGS, MODELS AND THE LIKE
- §7.06 CIVIL LIABILITY IN RELATION TO TRADE SECRETS
- [A] BGB and UWG
- [B] Weighing Up Competing Interests
- §7.07 CONTRACTUAL OBLIGATIONS DURING AND AFTER EMPLOYMENT
- §7.08 NON-COMPETE AGREEMENTS IN GERMAN LAW
- §7.09 CONCLUSIONS
- CHAPTER 8 Trade Secrets and Employees
- §8.01 INTRODUCTION
- §8.02 THE RELEVANT AREAS OF LAW ACROSS JURISDICTIONS
- [A] The Use of Information during Employment
- [B] Using Knowledge after Termination
- §8.03 KNOW-HOW AND TRADE SECRETS IN THE ENGLISH LAW TRADITION
- §8.04 CONTRACTUAL DEVICES
- [A] Confidentiality Clauses
- [B] Non-compete Clauses
- §8.05 ASSESSMENT AND REFORM OF THE LAW
- [A] Non-competes: Civil Law versus Common Law
- [B] Judicial Power to Rewrite Non-compete Clauses
- [C] Clearer Statutory Standards?
- [D] Rendering Non-competes Unenforceable by Statute?
- [E] Strict Adherence to Principle?
- [F] Legitimate or Protectable Interests
- [G] Know-How as a Category of Information Protectable by a Restraint?
- §8.06 CONCLUSION
- CHAPTER 9 Conclusions
- §9.01 A COMMENT ABOUT METHODOLOGY
- §9.02 SOME TRADITIONAL COMMON LAW/CIVIL LAW DISTINCTIONS
- §9.03 DIFFERING REGIMES
- §9.04 SOME SIGNIFICANT DIFFERENCES
- [A] Industrial Espionage and Reverse Engineering
- [B] The Post-Employment Phase
- [C] Criminal Law
- §9.05 CONCLUSION: IS HARMONIZATION DESIRABLE?
- ANNEXURES
- Index
- Back Cover
