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A comparative analysis of trade secrets enforcement against ex-employees in the EU and USA, aimed at legislators and practitioners.
Machine generated contents note: Introduction; 1. Conflict of interests: confidentiality, mobility of employees and innovation policy; 2. Concept of trade secrets; 3. Trade secret, employee's skill and knowledge or public domain information: where to draw the line?; 4. Contractual freedom to regulate use of trade secrets after termination of employment; 5. Remedies
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.
This comprehensive Research Handbook explores the rights of employers and employees with regard to intellectual property (IP) created within the framework of the employment relationship. Investigating the development of employee IP from a comparative perspective, it contextualises issues in the light of theoretical approaches in both IP law and labour law.
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
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.
Considers economic concentration within the U.S. automobile industry and its impact on consumers, competition, and technological progress, and its response to Government regulations.
Presents a set of positive changes in corporate strategies, industry norms, regional policies, and national laws that will incentivize talent flow, creativity, and growth.
This work examines the relationship between the rapid technological and economic growth characteristic of high technology districts and their distinct labor market institutions - short job tenures, rapid turnover, flat firm hierarchies, weak internal labor markets, high use of temporary labor, unusual uses of independent contracting, little unionization, unusual employee organization (e.g., chat groups, and ethnic organization), unequal income, minimal employment discrimination litigation, flexible compensation (especially stock options), and heavy use of immigrants on short-term visas. The author suggests that while these distinctive labor market institutions are somewhat unorthodox and may present legal problems, they play essential roles in high growth.