Obtaining Evidence in Patent Litigation and Trade Secret Protection – A Tale of Two Poles

2021 ◽  
Author(s):  
Vilhelm Schröder ◽  
Philipp Widera
Keyword(s):  
Civil Law ◽  
Legal Framework ◽  
Trade Secret ◽  
Patent Litigation ◽  
Legal Systems ◽  
Trade Secrets ◽  
Legislation And Jurisprudence ◽  
Legal Traditions ◽  
Trade Secret Protection ◽  
Fair Balance

Abstract In this article, the authors compare how the courts in two different jurisdictions handle trade secrets in patent litigation. Even though the two countries observed, Finland and Germany, are both continental European civil law systems with similar legal traditions, the approach to trade secret protection in litigation is quite different in many aspects. While Finland already has comparatively sophisticated legislation and jurisprudence when it comes to the protection of trade secrets, the German approach is rather different, and could be compared to a patchwork carpet. In this article, the authors review the international and European legal framework before delving into the details of the two national legal systems. Finally, they give guidelines on how to harmonize trade secret protection in litigation in order to strike a fair balance between the different interests at stake.

A Comparative Study of International Maritime Conventions: Italian and Greek Perspectives

2017 ◽  
Vol 4 (2) ◽  
pp. 176-203
Author(s):  
Christina Zournatzi
Keyword(s):  
Comparative Study ◽  
Civil Law ◽  
Legal Framework ◽  
Legal Systems ◽  
Member States ◽  
Expert Analysis

This paper brings together a comparative study alongside expert analysis of the most important International Maritime Conventions of interest to two European Member States with extensive and significant maritime traditions, Italy and Greece. Initially the general legal framework of these two States with civil law systems is pointed out, followed by an analysis of the most influential and eminent maritime Conventions that have been implemented in the States’ legal systems. The Conventions on salvage, arrest of ships, maritime liens and mortgages and limitation of liability are considered and scrutinised. The methods and the legislative actions that the States adopted for the International rules to become part of their national legislative systems are examined thoroughly.

23. Trade Secrets

2019 ◽  
pp. 513-522
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Legal Protection ◽  
Trade Secret ◽  
Trade Secrets ◽  
Member States ◽  
Legal Rules ◽  
Know How ◽  
Business Information ◽  
Minimal Form ◽  
Definition Of ◽  
Trade Secret Protection

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.

The EU Trade Secrets Directive: all change for trade secret protection in Europe?

2018 ◽  
Vol 13 (6) ◽  
pp. 445-457 ◽  
Author(s):  
Rembert Niebel ◽  
Lorenzo de Martinis ◽  
Birgit Clark
Keyword(s):  
Trade Secret ◽  
Trade Secrets ◽  
Trade Secret Protection ◽  
The Eu

scholarly journals Comparative Legal Analysis of Modern Civil Law Sources in Russia, France and Germany

2020 ◽  
Vol 1 (12) ◽  
pp. 149-161
Author(s):  
A. A. Makarushkova ◽  
I. V. Solovyeva
Keyword(s):  
Common Ground ◽  
Civil Law ◽  
German Law ◽  
Legal Systems ◽  
Legal Analysis ◽  
Law System ◽  
Legal Traditions ◽  
Current Trends ◽  
Civil Codes ◽  
Civil Law System

Based on a comparative legal analysis, the paper discusses modern approaches to the system of sources of civil law in Russia, France and Germany. The authors draw attention to the similarities and differences (in form, name, structure, content, significance) of the sources of civil law of these countries, due to objective and subjective factors, as well as features of their legal systems. It is noted that the range of sources of civil law in France and Germany is much wider than in Russia. Among the sources of civil law of these legal systems, civil codes and laws containing civil law form a common ground for the system. Current trends include significant expansion and complication of the Russian civil law system of sources and its convergence with the laws of France and Germany. The authors conclude that there is a need to systematize and consolidate the detailed system of sources of civil law in Art. 3 of the Civil Code of the Russian Federation, the adjustment of certain legal institutions of French and German civil law in order to improve Russian legislation and develop modern sources of Russian civil law and their system in the context of combining the experience of French and German law with domestic legal traditions.

scholarly journals Intellectual Property in the New Technological Age: 2016 - Chapters 1 and 2

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Intellectual Property ◽  
Supreme Court ◽  
Trade Secret ◽  
Fair Use ◽  
Property Law ◽  
Trade Secrets ◽  
Digital Copyright ◽  
The Past ◽  
The Right ◽  
Trade Secret Protection

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.

Der Begriff und die Rechtsnatur von Geschäfts- und Betriebsgeheimnissen unter Berücksichtigung der Geheimnisschutz-Richtlinie

2019 ◽  
Author(s):  
Yasamin Rody
Keyword(s):  
German Law ◽  
Case Law ◽  
Trade Secret ◽  
Civil Code ◽  
Trade Secrets ◽  
Legal Definition ◽  
Legal Nature ◽  
Definition Of ◽  
Trade Secret Protection ◽  
The Eu

Trade secret protection requires secrets of a certain quality, and this can easily be lost. Within the EU’s Member States, the protection of business and trade secrets is different. To improve this protection, the EU adopted Directive (EU) 2016/943 on 8th June 2016. Article 2 (1) of the directive contains a legal definition of trade secrets. This puts the definition developed by case law in Germany under scrutiny. Does the German definition also meet European requirements? In order to answer this question, the author examines the characteristics of the concept of secrecy under German law and compares them with those of the directive. Furthermore, the author deals with the legal nature of business and trade secrets. This relates to the still controversial question of whether trade secrets constitute absolute rights according to section 823 (1) of the German Civil Code.

Brexit. Or, Is the European Union Educable?

2016 ◽  
Vol 17 (S1) ◽  
pp. 63-70
Author(s):  
Russell A. Miller
Keyword(s):  
Western Europe ◽  
Common Law ◽  
Civil Law ◽  
Legal Culture ◽  
Civil Code ◽  
Legal Systems ◽  
The European Union ◽  
Legal Traditions ◽  
The Face ◽  
European Civil Code

In an essay from 1998 the comparative law scholar Pierre Legrand asked the question “are civilians educable?” It was a theme that had preoccupied him for some years as he agonized over what he regarded as the intolerant, totalizing, and normalizing manner in which civilian legal systems and their acolytes encounter other legal traditions. He had documented, for example, the ways in which Quebec's new 1994 Civil Code constructively sought to suppress and exclude the significant and historically relevant Anglophone community in Quebec. Legrand argued that this domineering posture is a product of the civil law's cosmological and autarkic mentality. “The difficulty,” Legrand lamented, “is that the civil law mind … is reflexively imperialistic … because of its penchant for universalization.” Far more than his disquiet over the precarious future of Quebec's Anglophone community, Legrand came to be concerned about the fate of the English common law tradition in the face of the European Union's convergence agenda. This was, to Legrand's mind, an apocalyptic confrontation between England's still-proud legal culture and Europe's horsemen of convergence: the ECJ, the Commission, the Parliament. With increasing distress Legrand turned his attention to the way in which the European Community (and later the Union) “is liable to achieve … the marginalization of one of the subcultures that have defined western Europe historically.” He would go on to insist that “European legal systems are not converging” and to raise ever-more strident objections to the idea of a European civil code. This would not cease until Legrand had written “Antivonbar,” an incendiary manifesto aimed at salvaging the English common law from what he viewed as the Union's closed-fisted and violent politics of supremacy, which had taken the form of the proposed European Civil Code.

scholarly journals normative structure of Indonesian pharmacy trade secret law

2020 ◽  
Vol 5 (S4) ◽  
pp. 2413-2426
Author(s):  
Cita Citrawinda Noerhadi
Keyword(s):  
Prescription Drugs ◽  
Judicial Review ◽  
Legal Protection ◽  
Trade Secret ◽  
Trade Secrets ◽  
Pharmaceutical Sector ◽  
Normative Structure ◽  
Basic Approach ◽  
The Public ◽  
Trade Secret Protection

This article aims to analyze the normative structure of Indonesia's trade secret protection law in the pharmaceutical sector. The analysis is carried out through two prisms: the different intellectual approaches to the judicial review law: the 'basic approach' and the 'legal approach.' Various trade secret crimes in the pharmaceutical sector, such as theft of prescription drugs and drug counterfeiting, continue to increase. We explore developments from both approaches and trace contemporary developments from the approach to law on trade secrets. We then reflect on how each response to two central legitimacy issues should provide legal protection for every owner of the trade secret in the pharmaceutical sector and the public who are victims or perpetrators of criminal trade secrets in the pharmaceutical sector.

The legal concept of a trade secret and its element

2021 ◽  
Vol 15 (2) ◽  
pp. 96-99
Author(s):  
Natiq Elməddin oğlu İbrahimov ◽  
Keyword(s):  
Civil Law ◽  
Dynamic Environment ◽  
Trade Secret ◽  
Main Element ◽  
Trade Secrets ◽  
Commercial Law ◽  
Legal Concept ◽  
Commercially Important ◽  
The Republic ◽  
Definition Of

In the broadest sense of civil law, trade secret is the object of its separate branches. The legal institution of trade secret occupies a special place in the system of civil and commercial law and includes a set of general and special civil law rules governing the civil circulation of commercially important information. The Civil Code of the Republic of Azerbaijan does not define a trade secret and does not specify its individual elements. However, we have a special act of legislation in our legislation that regulates trade secrets. Its main element is "information". In order to determine the commercial significance of information under the legislation of Azerbaijan, it is important to clearly define these criteria in the legislation, as well as to cause certain problems in a dynamic environment. According to the legislation of Azerbaijan, there are criteria set out in the legislation to determine the commercial significance of the information. The precise definition of these criteria in the legislation is important, but can also lead to certain problems in a dynamic environment. Key words: commercial secrets, intellectual property law, civil law, Azerbaijani legislation, commercially important information, nou-hau

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