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Trade Secrets Legal Protection From a Comparative Analysis of US and EU Law to a New Model of Understanding
Title
Trade Secrets Legal Protection [electronic resource] : From a Comparative Analysis of US and EU Law to a New Model of Understanding / by Luc Desaunettes-Barbero.
ISBN
9783031267864
Edition
1st ed. 2023.
Publication
Cham : Springer Nature Switzerland : Imprint: Springer, 2023.
Physical Description
XXI, 501 p. 6 illus., 2 illus. in color.
Local Notes
Access is available to the Yale community.
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Access restricted by licensing agreement.
Summary
Despite the economic relevance of trade secrets, their legal protection is not based on a robust theoretical corpus, and a large uncertainty remains regarding how they should be legally apprehended. The present book investigates the foundations of their legal protection by assessing its justifications and aims to define how this legal apprehension should be organized. The book starts with a comparative analysis of the US and the EU legal frameworks. It demonstrates the parentship existing between the two systems of protection and highlights that the incremental structuring of trade secrets protection has led to legal systems lacking broad-based conceptual foundations. In both legal orders, trade secrets rely on blurred protection, formally anchored in unfair competition, the strength of which, however, comes closer to that offered by intellectual property law. In this convoluted architecture, the judiciary is required to play a decisive role, especially at the enforcement stage. However, the absence of clarity concerning the telos of trade secrets protection leads to legal uncertainty, potentially incoherent enforcement, and, all in all, to inefficient outcomes from a welfare perspective. The book then explores a theoretical framework based on a distinction between two legal objects: the undertakings' secret sphere and secret pieces of information. Securing the undertakings' secret sphere appears as a condition for the competition process to happen in an economy working under structural uncertainty. It requires objective regulations enforced by public authorities. On the other hand, the legal apprehension of secret pieces of information should be considered as falling within the realm of immaterial goods regulation aiming to solve the deficit of marketability of this type of good. This might call - after conducting a careful policy trade-off - for the establishment of relative (i.e. inter partes) subjective rights.
Variant and related titles
Springer ENIN.
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Format
Books / Online
Language
English
Added to Catalog
June 23, 2023
Series
Munich Studies on Innovation and Competition, 19
Contents
Part I: Trade Secrets Legal Protection in the US and in the UE: AnAarea of Law in Search of Coherence
Introduction to Part 1
Premise - Intellectual Property and Unfair Competition: Two Regulatory Paradigms With Different Purposes and Apparatus
Trade Secrets Subject Matter: A Broad and Blurred International Consensus
Trade Secrets Legal Apprehension: An Uncertain Normative Framework
Part II: Redefining Trade Secrets Law by Differentiating Between Two Different Legal Objects: The Secret Sphere and the Secret Pieces of Information
Introduction to Part 2
Premise - The Absence of Clear Theoretical Foundations
The Legal Protection of Undertaking's Secret Sphere as a Necessity For The Functioning of the Market Economy
The Legal Apprehension of Secret Pieces of Information as Immaterial Goods Regulation
Conclusion - The Distinction between the Secret Sphere and Secret Pieces of Information: The Need of a New Conceptual Model for Trade Secrets Law
Part 3 - Conclusion
General Conclusion
Part 4 Summaries
German Summary
French Summary
Bibliography.
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