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Trade Secret Protection: Asia at a Crossroads

ISBN13: 9789403530536
Published: August 2021
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £150.00

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Trade Secret Protection: Asia at a Crossroads, a first-of-its-kind systematized research of trade secret protection laws covering several Asian jurisdictions, furnishes an in-depth analysis of the relevant statutory and case law of Japan, Korea, China, Taiwan, Thailand, Singapore, Hong Kong, Malaysia, and India. Additionally, a chapter on the European Union trade secret protection law enables further comparison. Trade secret protection law has gained increasing importance in recent years, as companies implement strategies to protect their intellectual property in a competitive environment with rapidly developing technology. This holds especially true for Asia, where the staggering commercial value of trade secrets, stiff cross-border competition, and large-scale labour mobility characterize the region’s economy.

Thirty-one local experts provide a clear overview of national laws and practices by examining the following aspects of their respective national regimes:

  • requirements of trade secrets
  • validity and scope of confidentiality and/or non-competition clauses
  • burden of proof and its shifting or reversal
  • order for protecting the secrecy of a trade secret during prosecution and trial
  • civil remedies (injunctive relief and damages), and
  • criminal punishment for trade secret infringement

Intellectual Property Law, Other Jurisdictions , Asia
Kung-Chung Liu & Reto Hilty
PART I: Asian Civil Law Jurisdictions with No Sui Generis Law
CHAPTER 1. Japan
Masabumi Suzuki
CHAPTER 2. Trade Secret Law in Korea (Country Report)
Byungil Kim
CHAPTER 3. China
Xiuqin Lin
PART II: Asian Civil Law Jurisdictions with Sui Generis Law
CHAPTER 4. Taiwan
Hsiao-Fen Hsu
CHAPTER 5. Thailand
Sutatip Yuthayotin & Tosaporn Leepuengtham
PART III: Asian Common Law Jurisdictions
CHAPTER 6. Singapore
Ng-Loy Wee Loon
CHAPTER 7. Hong Kong
Jyh-An Lee & Jingwen Liu
CHAPTER 8. Malaysia
Lim Heng Gee
CHAPTER 9. India
Prashant Reddy T.
PART IV: Some References from the Occident
CHAPTER 10. Trade Secrets Protection in the European Union
Luc Desaunettes-Barbero