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 10: COUNTRY OVERVIEWS: CIVIL LAW COUNTRIES

Elizabeth Rowe and Sharon K. Sandeen

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

Extract

As previously discussed in Chapter 8, most countries of the world, approximately 150, follow the civil law tradition whereby law is made primarily through the adoption and frequent re-evaluation and amendment of written codes. Thus, the primary source of law in civil law countries is the written code, with judicial decisions having little or no precedential value. In this chapter the legal traditions and trade secret laws of four civil law countries are discussed: Brazil, China, Japan and Mexico. China and Japan were selected because of their positions as significant centres of trade and as two of the top three economies in the world. Brazil is featured as one of the so-called BRIC (Brazil, Russia, China and India) countries due to its position as a country with an expanding economic base and because of the importance of featuring a country from the southern hemisphere. Mexico is included because of its trade relationship with the United States and its membership in the North American Free Trade Agreement (NAFTA). Although members of the WTO since its inception, as developing countries, Brazil and Mexico were not required to be in full compliance with the TRIPS Agreement until 1 January 2000. China joined theWTO in December of 2001. In light of the possible approval of the proposed EU Trade Secret Directive (see Appendices 1 and 2), it was decided not to discuss other large civil law countries within the European Union (such as Germany, France, Spain and Sweden) since their existing laws may be amended to comply with the Directive.

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