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Trade secrets law is probably the least harmonized part of IP law. Nonetheless, there is a growing realization that variable rules concerning trade secrets impact investment decisions, multinational businesses, and hiring policies. Recently this realization has resulted in the introduction of a new Trade Secrets Directive in the EU, which has harmonized trade secrets law across the Union. Nonetheless, agreement about the policy underpinnings, theoretical basis and economic impacts of trade secrets law remains elusive around the globe. Legal approaches vary fundamentally, and application of the law is far from uniform. Although there has been a recent trend towards strengthening trade secrets protection, both in civil and criminal law, as it tends to militate against labour mobility, freedom to imitate, and open circulation of what needs to be known to compete, there are many who support a more nuanced approach that emphasizes the benefits of unrestricted information flows for competitive markets. Opting for a comparative and critical approach, this book proposes a nuanced analysis of: the competing theories that underlie trade secrets law, its theoretical justifications, and the varied doctrinal approaches found around the globe; the law in the US, the UK, France and Germany and the new EU Trade Secrets Directive; statute laws, international instruments, recent court decisions, and works of notable scholars in the field; topics such as the competition for control over knowledge between employees and employers; the growth of industrial espionage, country rivalry and third-party liability; the extent and precise parameters of criminal liability; and the policy implications of excessive restrictions on the transfer of employee knowledge and know-how. This book provides a clear understanding of this multifaceted area of law which is often a fallback or last resort when commercial dealings and relationships go wrong. The authors’ analysis of the underlying policy goals and theoretical dimension of the legal status of trade secrets, including choices in relation to the application of criminal law and concepts of property, will prove of enormous value to academics, policymakers, and corporate counsel.
· 2014
About the Author --Acknowledgements --Introduction and Background of Trade Secrets Protection --Property, Propriety and Policy --International Standards --The Common Law Approach: The English Law System --The Common Law Approach: The United States --Civilian Approaches: France --Civilian Approaches: Germany --Trade Secrets and Employees --Conclusions --Text of the Relevant German Provisions.
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This authoritative and engaging book offers insightful treatment of the law of intellectual property. It provides accessible explanations and analysis of the current regimes and their application in various commercial settings, while examining the trends and tensions that influence future changes to the Australian intellectual property system. Topics covered include confidentiality, copyright, designs and related rights, patents, business reputation and trade marks, and the commercialisation of intellectual property. It is an invaluable resource for students and lecturers, and a practical reference for practitioners. The seventh edition has been fully revised and updated to include recent developments in case law and legislation, including the following: * introduction of the 'patent box' tax concession * introduction of 'exclusive licensees' and a grace period into the Designs Act * proposed Copyright Act amendments regarding orphan works * 'patent exhaustion' taking over from the 'implied licence principle' * Full Federal Court consideration of 'artificial intelligence' as an inventor * proposed amendments to the law relating to unfair contract terms; * repeal of intellectual property protections in Competition and Consumer Act s 51(3) * introduction of new Trade Marks Act s 122A to prevent trade mark owners from artificially restricting parallel imports * important trade mark decisions including: o Hashtag Burgers Pty Ltd v In-N-Out Burgers, Inc (2020) o Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd (2021) o Kraft Foods Group Brands LLC v Bega Cheese Ltd (2020) Features * Authoritative author team * Clear and accessible commentary * Covers both the law and its commercial application * Provides insights into potential reform Related Titles * Ricketson, Richardson & Huang, Intellectual Property: Cases, Materials and Commentary, 6th ed, 2020 * Roy, Quick Reference Card: Intellectual Property, 2nd ed, 2021 * Stoianoff, Chilton & Monotti, Commercialisation of Intellectual Property, 2019 * van Caenegem, Intellectual and Industrial Property Law, 3rd ed, 2019
· 2014
Intellectual Industrial Prop Law 2e
· 2025
Beer affects the law, and the law affects beer. The regulation of beer goes back thousands of years, and beer laws have shaped society in both obvious and unexpected ways. Beer Law provides a fun and accessible account of the complex interaction between law and beer. The book engages with a broad range of beer law topics including: • Health, • Intellectual property, • Consumer protection and unfair competition, • Contract, • Competition, • International trade, • Environment, • Tax. The book also provides a detailed description of beer, brewing, beer as a product, and the brewing industry, as well as an overview of some broad lessons from the regulation of beer. Given the importance of understanding law in context, the book also explores beer, beer culture and beer laws in more detail with a focus on Belgium, the Czech Republic, Germany, the Nordic countries, North America, and Britain and Ireland.
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This article assesses the impact of legal practice upon the enforceability of employment restraints of trade. Post-employment restraints range from those prohibiting use of confidential information acquired through employment (non-disclosure clauses), or the solicitation of previous customers (non-solicitation clauses), to wider clauses imposing an obligation on the employee not to compete with the employer for a defined period after the termination of the employment (non-compete clauses). The empirical research reported in this article demonstrates that there is much uncertainty in the operation of the law around the use of restraint of trade clauses in employment contracts. While most usefully nuanced, the evidence suggests that to a significant extent, this uncertainty weighs more heavily on the side of any dispute that is least able to bear it - the employee. In light of our findings, we have introduced a limited number of reform options (ranging from the radical to the limited, and from the substantive to the procedural) that would assist in reducing the over-enforcement, or over-observance, of restraint clauses.
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· 2001
Provides students with an overview of all the major areas of intellectual property law, including copyright, designs, patents, confidential information, passing off and trade marks registration. Familiarises the reader with basic legal principles of subsistence, ownership and infringement of rights.
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