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Unlike other forms of intellectual property, trade secrets are considered, in nature, perpetual. Similarly, the corporate form - the firm - is, too, considered, perpetual. Trade secrets, whether they are one part of, or the whole of a firm's intellectual and proprietary knowledge, they are inherent to a firm's sustainability and success - they drive a given firm, specifically in its creation of value. Reflective of this point, there, too, is an inherent importance through which the firm's institutional structure and its accompanying laws, serve, fuel and protects its trade secrets. Hence, in an attempt to truly understand the scope and capacity of trade secrets and its accompanying law, doctrine and precedent, an examination of its relationship to and with the theory of the firm is necessitated.This paper is premised on the perspective that the bodies of law that implicate firms and trade secrets - corporate law, intellectual property and trade secrets - cannot be fully comprehended through separate and singular examinations exclusive of the other. Instead, to fully appreciate the dimensions of each body of law, and the legal spaces they occupy - the firm and its intellectual capital of the trade secrets kind - an examination of this indelible relationship is warranted. This relationship - a tango of codependence, frustration and successes - mirrors the words Witold Rybczynski articulated about the law. He once said, the law is a “very restrained jazz - it involves improvisation [but] this does not mean [] the result is accidental or that there are no rules.” The activities and effects that occur within trade secret and the law are not hermetically sealed from effecting and being affected by the firm, corporate law, theory and governance.Firm make a deliberate and conscious decision in deciding to maintain its intellectual knowledge as a trade secret rather than pursue another form of intellectual property protection. Such decision is reflective of the didactic connection between that firm's structure and various governance mechanisms, agency costs juxtaposed against the backdrop of how relevant its intellectual capital - its trade secrets - are inherent to its competitive advantage, and how aspects of corporate law and regulations, trade secret rights and protections, impact the firm. Therefore, in order to understand the true scope of trade secret law, this paper is aimed at examining this interdependent relationship between the firm and its trade secret.In order to effectively examine this didactic relationship between the firm and its intellectual capital, this paper is organized in two large sections. Part I of this paper examines how the organizational and institutional structure of the firm impacts its intellectual capital of the trade secret variety. Specifically, it will examine how the theory of the firm, agency and monitoring costs, and corporate social responsibility impacts the management of intellectual capital, protects trade secrets and might secure long-term innovation output. This is followed by Part II, that analyzes and examines how the law related to trade secrets and how a firm's trade secrets has the potential to both positively and negatively impact the firm's shareholder wealth and, hence, firm value.
Star financial journalist Duff McDonald uncovers how the managing consulting firm of McKinsey & Company and its high-powered, high-priced business savants have ushered in waves of structural, financial, and technological shifts to the biggest and best American organizations, revealing a list of world-shaping successes and striking failures.
Many businesses have developed proprietary information that provides a competitive advantage because it is not known to others. As the United States continues its shift to a knowledge- and service-based economy, the strength and competitiveness of domestic firms increasingly depends upon their know-how and intangible assets. Contents of this report: Introduction; Trade Secrets and Innovation Policy; An Overview of Trade Secret Law: Basic Principles; Sources of Law; The Economic Espionage Act; Trade Secrets and Patents: Introduction to the Patent System; Trade Secrets and Patents Compared; Potential Policy Conflicts; The First Inventor Defense; Congressional Issues and Options; Concluding Observations. This is a print on demand publication.
Elizabethean England. It is a Golden Age of trade and art; merchants and poets from across the world pack London s streets. There s a new commodity people need-oil. And young Nat Bramble knows just where to get it... Nat and Darius Nouredini, a poet in a wrestler s body, set off in search of the secret oil well under the abandoned Temple of Mithras in Persia. But their venture lights a trail of fire which ill follow Nat all the way back to England, where he becomes caught in the crossfire of a war between the crown and the first corporations of London. A swashbuckling, rolicking tale of espionage, intrigue and adventure, this beautifully written and researched novel will dazzle and delight readers as we follow Nat Bramble to the ends of the Earth and back again.
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.
During the first decades of America’s existence as a nation, private citizens, voluntary associations, and government officials encouraged the smuggling of European inventions and artisans to the New World. At the same time, the young republic was developing policies that set new standards for protecting industrial innovations. This book traces the evolution of America’s contradictory approach to intellectual property rights from the colonial period to the age of Jackson. During the seventeenth and early eighteenth centuries Britain shared technological innovations selectively with its American colonies. It became less willing to do so once America’s fledgling industries grew more competitive. After the Revolution, the leaders of the republic supported the piracy of European technology in order to promote the economic strength and political independence of the new nation. By the middle of the nineteenth century, the United States became a leader among industrializing nations and a major exporter of technology. It erased from national memory its years of piracy and became the world’s foremost advocate of international laws regulating intellectual property.