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The Harmonization and Protection of Trade Secrets in the EU: An Appraisal of the EU Directive

Edited by: Jens Schovsbo, Timo Minssen, Thomas Riis

ISBN13: 9781788973335
Published: January 2021
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £121.00



Despatched in 3 to 5 days.

This book addresses the growing importance of trade secrets in today's society and business and the related increase in litigation, media and scholarly attention. Written by a team of international experts, it uses the new EU Trade Secrets Directive as a prism through which to discuss the complex legal issues involved. Featuring both EU and wider international perspectives, chapters examine the Directive’s aim of harmonizing legislation on the protection of trade secrets across the EU, and discuss how this has been implemented by member states. Contributors also explore the effects of the new regime on contentious issues and crucial sectors such as medicine, big data and AI, as well as considering its relationship with US law in particular.

Scholars and students of patent law, innovation, and EU law and governance, particularly those with an interest in the topic of information freedom, will find this book of great significance in their research. Practitioners working in trade secrets and intellectual property more broadly will also find this book’s comprehensive analysis of the Directive and its practical implications invaluable.

Subjects:
Intellectual Property Law, EU Law
Contents:
I. Introduction
Jens Schovsbo, Timo Minssen, Thomas Riis
1. An Appraisal of the EU Directive on Trade Secrets
II. The Directive and Its Context
2. The Directive on Trade Secrets and its Background
Jens Schovsbo
3. Trade Secret Law as part of Information Law
Henrik Udsen, Jens Schovsbo and Berdien van der Donk
4. Through the Looking Glass: Trade Secret Harmonization as a Reflection of U.S.Law
Sharon K. Sandeen
III. Implementation of the Directive
5. UK Implementation of the Trade Secrets Directive
Tanya Aplin and Richard Arnold
6. The Implementation of the Trade Secrets Directive in the Nordic Countries
Jens Schovsbo and Niklas Bruun
7. Germany: The Trade Secrets Protection Act of 2019
Ansgar Ohly
8. Implementation of the Trade Secrets Directive into National Law: Portugal and Spain
Ana Nordberg and Bárbara Díaz Alaminos
IV. Specific issues
9. The Trade Secrets Directive and Employees
Bengt Domeij
10. Choice of Law in EU Trade Secrecy Cases
Rochelle Cooper Dreyfuss and Mireille van Eechoud
11. Trade Secrets, Big Data and Artifical Intelligence Innovation: a Legal Oxymoron?
Ana Nordberg
12. Enforcement of Rights in Trade Secrets
Thomas Riis
V. Specific sectors
13. AIRR Data Under the E.U. Trade Secrets Directive: Aligning Scientific Practices with Commercial Realities
Jakob S. Sherkow and Timo Minssen
14. Protection for Artificial Intelligence in Personalised Medicine–The Patent / Trade Secret Trade Off
Nari Lee
15. The Impact of Trade Secrets for Publicly Funded Research Collaborations in Europe
Neethu Rajam
Index