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Desaunettes-Barbero, Luc.

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Trade secrets legal protection = from a comparative analysis of US and EU law to a new model of understanding /

Record Type:	Electronic resources : Monograph/item
Title/Author:	Trade secrets legal protection/ by Luc Desaunettes-Barbero.
Reminder of title:	from a comparative analysis of US and EU law to a new model of understanding /
Author:	Desaunettes-Barbero, Luc.
Published:	Cham :Springer Nature Switzerland : : 2023.,
Description:	xxi, 501 p. :ill. (some col.), digital ;24 cm.
[NT 15003449]:	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.
Contained By:	Springer Nature eBook
Subject:	Trade secrets - Law and legislation. -
Online resource:	https://doi.org/10.1007/978-3-031-26786-4
ISBN:	9783031267864

Trade secrets legal protection = from a comparative analysis of US and EU law to a new model of understanding /
Desaunettes-Barbero, Luc.

Trade secrets legal protectionfrom a comparative analysis of US and EU law to a new model of understanding /[electronic resource] :by Luc Desaunettes-Barbero. - Cham :Springer Nature Switzerland :2023. - xxi, 501 p. :ill. (some col.), digital ;24 cm. - Munich studies on innovation and competition,v. 192199-7470 ;. - Munich studies on innovation and competition,v. 19..

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.

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.

ISBN: 9783031267864

Standard No.: 10.1007/978-3-031-26786-4doiSubjects--Topical Terms:

3662061
Trade secrets
--Law and legislation.

LC Class. No.: K1577

Dewey Class. No.: 346.048

Trade secrets legal protection = from a comparative analysis of US and EU law to a new model of understanding /
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490 1 $a Munich studies on innovation and competition, $x 2199-7470 ; $v v. 19
505 0 $a 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.
520 $a 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.
650 0 $a Trade secrets $x Law and legislation. $3 3662061
650 0 $a Trade secrets $x Law and legislation $z United States. $3 3662062
650 0 $a Trade secrets $x Law and legislation $z Europe. $3 3662063
650 1 4 $a IT Law, Media Law, Intellectual Property. $3 3384747
650 2 4 $a Private International Law, International and Foreign Law, Comparative Law. $3 3538685
650 2 4 $a Business Law. $3 3166633
710 2 $a SpringerLink (Online service) $3 836513
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830 0 $a Munich studies on innovation and competition, $v v. 19. $3 3662060
856 4 0 $u https://doi.org/10.1007/978-3-031-26786-4
950 $a Law and Criminology (SpringerNature-41177)