Trade Secrets Legal Protection: From a Comparative Analysis of Us and EU Law to a New Model of Understanding
Desaunettes-Barbero, Luc
- 出版商: Springer
- 出版日期: 2024-06-29
- 售價: $6,380
- 貴賓價: 9.5 折 $6,061
- 語言: 英文
- 頁數: 501
- 裝訂: Quality Paper - also called trade paper
- ISBN: 3031267885
- ISBN-13: 9783031267888
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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.
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.
作者簡介
Luc Desaunettes-Barbero is a legal post-doctoral researcher at the UClouvain (Belgique). His research focuses on the area of intellectual property (especially copyright, patent, geographical indications, trade secret law), competition and unfair competition law and he authored serval publications and monographs in these domains. On top of his research agenda, Luc Desaunettes-Barbero is also a lecturer at the University Saint-Louis (Brussels), the University of Strasbourg and at the Munich Intellectual Property Law Center (Munich).
作者簡介(中文翻譯)
Luc Desaunettes-Barbero 是比利時烏克洛萬大學的法律博士後研究員。他的研究專注於智慧財產權領域（特別是著作權、專利、地理標示、商業秘密法）、競爭法和不正當競爭法，並在這些領域發表了多篇出版物和專著。除了他的研究計畫外，Luc Desaunettes-Barbero 還擔任布魯塞爾聖路易大學、斯特拉斯堡大學以及慕尼黑智慧財產法中心的講師。
