Trade Secrets And Employee Mobility

Author : Magdalena Kolasa
Publisher : Cambridge University Press
ISBN 13 : 1108335926
Total Pages : 411 pages
Book Rating : 4.28/5 ( download)

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Download or read book Trade Secrets and Employee Mobility: Volume 44 written by Magdalena Kolasa and published by Cambridge University Press. This book was released on 2018-02-08 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the increasingly knowledge- and innovation-based economy in which the mobility of the workforce is vital, employees and ex-employees are considered to be one of the biggest threats to the existence of trade secrets. The interests of the former parties to the employment relationship are contradictory: employers want to safeguard their competitive position by limiting use of information, and employees want to use that information to pursue their professional career. Magdalena Kolasa analyses existing guidelines that determine the extent to which former employees may use information learned during service. She proposes criteria for a balanced enforcement of trade secrets, discussing the statutory and implicit confidentiality duties, contractual protection, and remedies. Drawing from the laws of Germany, UK, and USA, and considering the EU Trade Secrets Directive, this book advocates an approach which recognises the value and functions of trade secrecy both within companies and in the context of public policy.

Author : Magdalena Kolasa
Publisher :
ISBN 13 : 9781108439565
Total Pages : pages
Book Rating : 4.6X/5 ( download)

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Download or read book Trade Secrets and Employee Mobility written by Magdalena Kolasa and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Machine generated contents note: Introduction; 1. Conflict of interests: confidentiality, mobility of employees and innovation policy; 2. Concept of trade secrets; 3. Trade secret, employee's skill and knowledge or public domain information: where to draw the line?; 4. Contractual freedom to regulate use of trade secrets after termination of employment; 5. Remedies

Author : Magdalena Kolasa
Publisher : Cambridge University Press
ISBN 13 : 1108424228
Total Pages : 411 pages
Book Rating : 4.26/5 ( download)

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Download or read book Trade Secrets and Employee Mobility written by Magdalena Kolasa and published by Cambridge University Press. This book was released on 2018-02-08 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative analysis of trade secrets enforcement against ex-employees in the EU and USA, aimed at legislators and practitioners.

Author : Christopher Heath
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041183809
Total Pages : 370 pages
Book Rating : 4.04/5 ( download)

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Download or read book Employees, Trade Secrets and Restrictive Covenants written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2016-11-24 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade secrets and post-contractual non-compete clauses (restrictive covenants) are intrinsically linked issues when analysed in the context of past and present employment. While trade secrets have been the object of legislation in a number of major jurisdictions during the last couple of years, post-employment restrictive covenants have been left out of such legislative activity. Still, they have come under increasing scrutiny of economists and may well come into legislative focus in the near future. As the chapters of this book highlight in detail, the approach to the protection of trade secrets, the conditions under which an employer can protect trade secrets and other business interests by way of a restrictive covenant, and the scope within which former employees by using the skills and knowledge can compete with a former employer, hugely differ from jurisdiction to jurisdiction. This is not only so for the effective scope, but also for the underlying doctrinal reasons, making a country-by-country comparison difficult, and a common structure of the chapters a challenge. After all, the topic involves international law (Paris Convention, TRIPS), domestic labour law, domestic sui generis protection, and, most importantly, domestic competition and unfair competition law, a field that up to now has defied all attempts of harmonisation beyond those categories as identified by Friedrich Zoll and implemented as Art. 10bis in the Paris Convention. This book features both comparative and country-specific chapters. The latter cover the major jurisdictions of Europe and Asia, while the former provide a subject-matter analysis by taking into account legislation and case law in a global context.

Author : Lynda J. Oswald
Publisher : Edward Elgar Publishing
ISBN 13 : 1783479264
Total Pages : 320 pages
Book Rating : 4.69/5 ( download)

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Download or read book Managing the Legal Nexus Between Intellectual Property and Employees written by Lynda J. Oswald and published by Edward Elgar Publishing. This book was released on 2015-06-29 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The explosion in intellectual capital coincides with a growing understanding of the importance of human capital to the firm. This book examines the pressing legal issues that arise at the intersections of intellectual property law, employment law, and

Author :
Publisher :
ISBN 13 :
Total Pages : 38 pages
Book Rating : 4.99/5 ( download)

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Download or read book Smith V. Dravo Corp written by and published by . This book was released on 1953 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Bruun, Niklas
Publisher : Edward Elgar Publishing
ISBN 13 : 1782547258
Total Pages : 424 pages
Book Rating : 4.59/5 ( download)

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Download or read book Research Handbook on Intellectual Property and Employment Law written by Bruun, Niklas and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook explores the rights of employers and employees with regard to intellectual property (IP) created within the framework of the employment relationship. Investigating the development of employee IP from a comparative perspective, it contextualises issues in the light of theoretical approaches in both IP law and labour law.

Author : Jens Schovsbo
Publisher : Edward Elgar Publishing
ISBN 13 : 1788973348
Total Pages : 352 pages
Book Rating : 4.42/5 ( download)

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Download or read book The Harmonization and Protection of Trade Secrets in the EU written by Jens Schovsbo and published by Edward Elgar Publishing. This book was released on 2020-07-31 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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, using the new EU Trade Secrets Directive as a prism through which to discuss the complex legal issues involved. Written by a team of international experts, it discusses and analyses national implementation of the Directive and explores the effects of the new regime on contentious issues and crucial sectors such as big data and AI.

Author : Elizabeth A Rowe
Publisher : Edward Elgar Publishing
ISBN 13 : 1782540784
Total Pages : 352 pages
Book Rating : 4.86/5 ( download)

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Download or read book Trade Secrecy and International Transactions written by Elizabeth A Rowe and published by Edward Elgar Publishing. This book was released on 2015-08-28 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade secret protection has long been of critical strategic importance to business interests and globalization of commerce has driven an increasing need to govern the preservation of confidentiality in international business transactions. This book off

Author : Susy Frankel
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041167900
Total Pages : 362 pages
Book Rating : 4.03/5 ( download)

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Download or read book The Internet and the Emerging Importance of New Forms of Intellectual Property written by Susy Frankel and published by Kluwer Law International B.V.. This book was released on 2016-05-01 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term ‘intellectual property’ has come to include numerous intangible rights beyond the traditional ‘Big Three’ (patent, trademark and copyright) – rights that force us to reconsider and maybe also change the object and purpose of intellectual property (IP). Not only do these rights generally have less solid normative footing and few if any well understood inherent limits, but the borders of their misappropriation are hard to draw. This groundbreaking book scrutinizes the existence of commonalities in this realm, and poses the question of what risks and advantages accrue to such IP or ‘IP-like’ rights. Sixteen distinguished contributors offer in-depth analyses of such rights as the following: - trade secrets; - image and publicity rights; - geographical indications; - traditional knowledge; - protection of databases; and - sports rights and ambush marketing. Recommendations and solutions investigated include the use of specialized courts or judges and of private standards. There are also thoughtful considerations of practices such as forum-shifting and an analysis of the special value of evolving Chinese law as a ‘norm laboratory’. Two chapters discuss the complexities of enforcement. Enforcement impacts substantive intellectual property and can be said to be its own ‘form’ of IP. Practitioners, judges, academics, and policymakers will all welcome this work and value it highly. Its contributors collectively take a giant step toward clarifying and synthesizing one of the most baffling areas of current law both internationally and at national level around the globe.