Reverse Engineering im Spannungsfeld der Sonderschutzrechte

In implementation of Directive (EU) 2016/943, Section 3 (1) No. 2 GeschGehG (German Trade Secrets Act) explicitly legalizes reverse engineering for the first time in the history of German trade secrets law. Subject of this thesis is a comprehensive exploration of this new freedom of reverse engineering. To this end, the author develops a definition of reverse engineering that takes into account the reality of economic life. After a practice-oriented interpretation of Section 3 (1) No. 2 GeschGehG, its effects on the entire legal protection of entrepreneurial know-how are examined. The focus is on the effects on copyright, patent and unfair competition law. In this context, the author develops goal-oriented solutions to various unanswered legal questions.

Functional analysis of Hypoxylon pulicicidum genes required for heterologous biosynthesis of nodulisporic acids

<p>Nature holds some of the greatest secrets in drug design and development and the ability to access these trade secrets has been revolutionised by modern bioengineering technologies. In order to exploit these technologies it is essential to understand what genes are involved in compound production and the enzymatic steps that limit flux to the desired product. This thesis describes the discovery of four secondary-metabolic enzymatic steps involved in the biosynthesis of a group of valuable natural products known as nodulisporic acids. Nodulisporic acids are known for their potent insecticidal activities; however, biosynthesis of these compounds by the natural fungal producer, Hypoxylon pulicicidum (Nodulisporium sp.), is exceptionally difficult and has prevented the commercial development of novel nodulisporic acid-containing veterinary medicines and crop protects. To discover how nodulisporic acids are biosynthesized: 1. the H. pulicicidum genome was sequenced 2. a gene cluster responsible for nodulisporic acid production was predicted 3. genes in the cluster were functionally characterised by pathway reconstitution in a common, fast growing mould, Penicillium paxilli In turn, four genes involved in the biosynthesis of the nodulisporic acid core compound, nodulisporic acid F, have been functionally characterised. The four genes encode a geranylgeranyl transferase (NodC), a flavin adenine dinucleotide-dependent oxygenase (NodM), an indole diterpene cyclase (NodB) and a cytochrome P450 oxygenase (NodW). Two of the gene products (NodM and NodW) catalyse two previously unreported reactions that provide the enzymatic basis of the biosynthetic branch point unique to nodulisporic acid biosynthesis. From here, future efforts will explore how these genes can be engineered to overcome flux bottlenecks and enable production of significantly increased, and even industrially relevant, product titres.</p>

Functional analysis of Hypoxylon pulicicidum genes required for heterologous biosynthesis of nodulisporic acids

<p>Nature holds some of the greatest secrets in drug design and development and the ability to access these trade secrets has been revolutionised by modern bioengineering technologies. In order to exploit these technologies it is essential to understand what genes are involved in compound production and the enzymatic steps that limit flux to the desired product. This thesis describes the discovery of four secondary-metabolic enzymatic steps involved in the biosynthesis of a group of valuable natural products known as nodulisporic acids. Nodulisporic acids are known for their potent insecticidal activities; however, biosynthesis of these compounds by the natural fungal producer, Hypoxylon pulicicidum (Nodulisporium sp.), is exceptionally difficult and has prevented the commercial development of novel nodulisporic acid-containing veterinary medicines and crop protects. To discover how nodulisporic acids are biosynthesized: 1. the H. pulicicidum genome was sequenced 2. a gene cluster responsible for nodulisporic acid production was predicted 3. genes in the cluster were functionally characterised by pathway reconstitution in a common, fast growing mould, Penicillium paxilli In turn, four genes involved in the biosynthesis of the nodulisporic acid core compound, nodulisporic acid F, have been functionally characterised. The four genes encode a geranylgeranyl transferase (NodC), a flavin adenine dinucleotide-dependent oxygenase (NodM), an indole diterpene cyclase (NodB) and a cytochrome P450 oxygenase (NodW). Two of the gene products (NodM and NodW) catalyse two previously unreported reactions that provide the enzymatic basis of the biosynthetic branch point unique to nodulisporic acid biosynthesis. From here, future efforts will explore how these genes can be engineered to overcome flux bottlenecks and enable production of significantly increased, and even industrially relevant, product titres.</p>

Protection of trade secrets and know-how in Ukraine in the framework of the implementation of Directive (EC) 2016/943 and the enforcement practice

The practice of application of the legislation of Ukraine on protection of trade secrets and know-how is considered; proposals are discussed to improve legislation taking into account the implementation of Directive (EU) 2016/943 and ensure effective protection of rights.

COMMERCIAL SECRET: A FACTOR OF ENTREPRENEURSHIP DEVELOPMENT

В статье рассматривается коммерческая тайна как неотъемлемый атрибут рыночной экономики. В работе приводятся виды, информации, содержащей коммерческую тайну, методы по обеспечению конфиденциальности коммерческой тайны предприятия. The article considers trade secrets as an integral attribute of a market economy. The paper presents the types of information containing a trade secret, methods to ensure the confidentiality of the company's trade secret.

Hedging (into) Property?—Invisible Trade Secrets and International Trade in Goods

Trade secrets can encompass all forms of intellectual property subject matter, as well as other types of data, information, and knowledge that may not meet the threshold of eligibility for intellectual property rights. Trade secret protection may be used to prolong existing exclusivity or to hedge the balance of interests that the law aims to seek through restrictions to such exclusivity. Against this backdrop, this chapter asks whether, and to what extent, the law of trade secrets can be used privately to create a regime of property rules in an age of digitised trading, using the recently adopted EU Directive on trade secrets as an example. It asks whether the forms of protection and enforcement required under the EU Directive make it a de facto property right, hedging a liability regime into a proprietary regime, which is created unilaterally by ensuring secrecy and by imposing a duty of confidence.

CONFIDENTIALITY CLAUSES IN INVESTOR-STATE CONTRACTS FOR THE PROTECTION OF TRADE SECRETS AFTER PROMULGATION OF THE INDONESIAN ACT ON PUBLIC INFORMATION DISCLOSURE

A confidentiality clause is a clause in investor-state contracts which is in the operative part of the contract to guarantee adequate protection of the trade secrets of the contracting parties. This article argues that there is a need to change the current practice where investor-state contracts in Indonesia utilizes broadly defined confidentiality clauses as a means to protect trade secrets in international business transactions. This is because a broadly defined confidentiality clause is contradictory to the provisions of the Act on Public Information Disclosure (APID). APID is aimed mainly at providing public information disclosure. The public information includes public contracts, such as investor-state contracts. Therefore, a new model of the confidentiality clause is needed for the protection of trade secrets as intended by the Act on Trade Secrets (ATS) and contract law as well as public information disclosure as intended by APID. This article employs doctrinal legal research. The research utilized, primary, secondary, and tertiary legal authorities. The primary legal material intensively used in this article consists of mandatory-primary legal authorities, in the form of statutes and contracts. The contracts used are the investor-state contracts of Aceh Province, Indonesia. The finding shows that a new model of the confidentiality clause can be created by accommodating both the interest of the state for providing public information disclosure based on APID and the interest of investors for the protection of trade secrets based on ATS and contract law. Investor-state contracts are a specific type of contract which has specific characteristics that apply to both private law and public law. They are different from purely international commercial contracts which only apply private law. Investor-state contract drafters need to be aware of this difference and provide a more balanced confidentiality clause in the contracts.