Trade Secrecy and International Transactions

Trade Secrecy and International Transactions

Law and Practice

Elgar Intellectual Property Law and Practice series

Elizabeth Rowe and Sharon K. Sandeen

Providing a valuable source of information on the law and practice of trade secrecy in international business transactions, this book provides concise but authoritative insight into international trade secret harmonization efforts and the trade secret laws of many countries. Trade secret law in the United States is promoted as the international standard for trade secret protection and a detailed explanation of the scope and limits of trade secret law in the US is presented here alongside practical guidance on how businesses can enhance trade secret protection while engaging in global commerce.

Chapter 7: GOVERNMENT HELD TRADE SECRETS AND DATA EXCLUSIVITY

Elizabeth Rowe and Sharon K. Sandeen

Subjects: law - academic, intellectual property law, law -professional, intellectual property law

Extract

Federal, state and local governmental entities collect and store large amounts of commercially useful information and data about individuals and businesses. While some of this information is self-generated, some of it is obtained from individuals and companies who are required to file information with the government or who choose to conduct business with the government. This might happen, for instance, where a company submits a bid for a government contract or where an individual files his tax return. It can also occur in industries that are regulated by local, state or federal authorities, such as the banking, pharmaceutical and aviation industries. Although a company may choose not to do business with the government, it cannot choose to avoid applicable regulations and the disclosure of information that is often required by regulators. This chapter addresses the legal theories and procedures that can be used to protect business (as opposed to personal) information that is submitted to a governmental entity. Since this book is primarily concerned with trade secret protection, it begins with an examination of the process that should be followed (where possible) to protect trade secrets that are submitted to and held by governmental officials. Next, it examines the separate and distinct topic known as ‘data exclusivity’ which is the subject of Article 39.3 of theTRIPS Agreement and a focus of the United States Trade Representative’s Free Trade Agreement (FTA) strategy.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information