Trade secrets and intellectual property: Breach of confidence, misappropriation and unfair competition

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Abstract

This superbly researched and innovative book approaches the protection of trade secrets in the civil law and common law traditions and examines doctrinal and policy issues from that comparative perspective. With detailed attention to the legal position in major countries in each tradition, it illustrates the approaches that figure prominently in the debate about appropriate trade secrets protection. Among the issues and topics covered are the following: ;
• contractual devices such as confidentiality clauses and non-compete agreements;
• firms' preferences for patents versus trade secrets;
• vulnerability to legitimate intelligence gathering by competitors;
• misuse of a trade secret as a species of unfair competition against which the law grants remedies;
• misuse of a trade secret as breach of confidence based on principles of equity;
• pre-emption of trade secrets law by the existence of a contractual obligation or remedy;
• control over knowledge as between employees and employers;
• industrial espionage and third party liability;
• extent and precise parameters of criminal liability; and
• policy implications of excessive restrictions on the transfer of employee knowledge and know-how.

Original languageEnglish
Place of PublicationAlphen aan den Rijn, The Netherlands
PublisherKluwer Law International
Number of pages272
ISBN (Print)9789041128171, 9041128174
Publication statusPublished - 2014

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intellectual property
liability
remedies
economic espionage
confidence
employee
legal position
civil law
Law
common law
know how
patent
grant
obligation
employer
vulnerability
equity
firm

Cite this

Caenegem, William van. / Trade secrets and intellectual property: Breach of confidence, misappropriation and unfair competition. Alphen aan den Rijn, The Netherlands : Kluwer Law International, 2014. 272 p.
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Trade secrets and intellectual property: Breach of confidence, misappropriation and unfair competition. / Caenegem, William van.

Alphen aan den Rijn, The Netherlands : Kluwer Law International, 2014. 272 p.

Research output: Book/ReportBookResearchpeer-review

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AU - Caenegem, William van

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PY - 2014

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AB - This superbly researched and innovative book approaches the protection of trade secrets in the civil law and common law traditions and examines doctrinal and policy issues from that comparative perspective. With detailed attention to the legal position in major countries in each tradition, it illustrates the approaches that figure prominently in the debate about appropriate trade secrets protection. Among the issues and topics covered are the following: ; • contractual devices such as confidentiality clauses and non-compete agreements; • firms' preferences for patents versus trade secrets; • vulnerability to legitimate intelligence gathering by competitors; • misuse of a trade secret as a species of unfair competition against which the law grants remedies; • misuse of a trade secret as breach of confidence based on principles of equity; • pre-emption of trade secrets law by the existence of a contractual obligation or remedy; • control over knowledge as between employees and employers; • industrial espionage and third party liability; • extent and precise parameters of criminal liability; and • policy implications of excessive restrictions on the transfer of employee knowledge and know-how.

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Caenegem WV. Trade secrets and intellectual property: Breach of confidence, misappropriation and unfair competition. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2014. 272 p.