The Problems with Trade Secret Protection/Overprotection in Asia

Author(s):  
Kung-Chung Liu
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans

This chapter deals with the legal protection of trade secrets. Traditionally, trade secret protection was left to the national laws of Member States. These national regimes are rooted firmly in existing legal rules in the areas of unfair competition, tort, or breach of confidence. And there is also the “Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use, and disclosure”. The Directive seeks to impose on Member States a minimal form of harmonization and uniformity. It does not impose a (Community) right in relation to a trade secret, but it works with a common basic definition of a trade secret, the principle that there needs to be redress for the unlawful acquisition, use, or disclosure of a trade secret, and a catalogue of measures and remedies.


2018 ◽  
Vol 13 (6) ◽  
pp. 445-457 ◽  
Author(s):  
Rembert Niebel ◽  
Lorenzo de Martinis ◽  
Birgit Clark

2017 ◽  
Vol 17 (3) ◽  
pp. 320
Author(s):  
Sartika Nanda Lestari ◽  
Sakhiyatu Sova ◽  
Rinitami Njatrijani

2016 ◽  
Author(s):  
Mark Lemley

Rapid advances in digital and life sciences technology continue to spur theevolution of intellectual property law. As professors and practitioners inthis field know all too well, Congress and the courts continue to developintellectual property law and jurisprudence at a rapid pace. For thatreason, we have significantly augmented and revised "Intellectual Propertyin the New Technological Age.The 2016 Edition reflects the following principal developments:● Trade Secrets: Congress passed the Defend Trade Secrets Act of 2016, oneof the most momentous changes in the history of trade secret protection. Thenew law opens up the federal courts to trade secret cases, provides for exparte seizures of misappropriated trade secrets in “extraordinarycircumstances,” and establishes immunity for whistleblowers.● Patents: The past several years have witnessed some of the mostsignificant developments in U.S. patent history — from the establishment ofthe new administrative review proceedings at the Patent Office to importantshifts in patent-eligibility, claim indefiniteness, and enhanced damages atthe Supreme Court and means-plus-function claim interpretation andinfringement doctrine at the Federal Circuit. We have restructured thepatent chapter to illuminate these areas. We have also significantlyexpanded coverage of design patents in response to the growing importanceof this form of protection.● Copyrights: The Supreme Court issued important decisions addressing thepublic performance right and the first sale doctrine. The past few yearsalso witnessed important developments in the Online Service Provider safeharbor, fair use, and state protection for pre-1972 sound recordings. Wehave also integrated the digital copyright materials into a unifiedtreatment of copyright law and substantially revamped the fair use sectionto reflect the broadening landscape of this important doctrine.● Trademarks: We have integrated important cases on federal registrabilityof disparaging marks, merchandising rights, likelihood of confusion on theInternet, and remedies.● Other State Protections: We have updated material on the right ofpublicity, an active and growing area. We have also reorganized the chapterand focused it on IP regimes.


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