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 8: UNDERSTANDING THE LAWS OF OTHER COUNTRIES

Elizabeth Rowe and Sharon K. Sandeen

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

Extract

Part I, Chapter 1 of this book introduced readers to a suggested process and road-map to determine the trade secret laws of other countries that focuses on key issues in trade secret law and various ancillary principles of law. The purpose of Part II is to expand upon that introduction by providing general information about how to determine the laws and procedures of other countries and specific information about the laws of additional countries. This chapter provides the general information. Chapter 9 discusses the trade secret laws of three common law countries (the United Kingdom, Canada and India) and Chapter 10 discusses the trade secret laws of four civil law countries (Brazil, China, Japan and Mexico). Appendix 1 provides a detailed analysis of the proposed EU Trade Secret Directive that, if approved, will dictate the minimum standards for trade secret protection in the European Union. In keeping with the content of Part I, the discussion of the laws of specific countries is organized around the following six topics: (1) the general overview of the country’s legal system; (2) the general contours of trade secret law, including the definitions of trade secrets and misappropriation; (3) the protection of trade secrets in employment relationships, including issues of trade secret ownership and the use and enforceability of non-disclosure agreements and non-compete agreements; (4) the protection of trade secrets in business-to-business relationships, including the extent to which it is possible to establish an implied duty of confidentiality; (5) potential criminal consequences for trade secret misappropriation; and (6) various procedural issues related to civil litigation or administrative proceedings to enforce trade secret rights.

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