Cross-Border Trade Secret Disputes in the European Union

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Cross-Border Trade Secret Disputes in the European Union

Jurisdiction and Applicable Law

9781035315109 Edward Elgar Publishing
Lydia Lundstedt, LL.D., Senior Lecturer in Private International Law, Law Department, Stockholm University, Stockholm, Sweden; Senior Lecturer in Intellectual Property Law, Commercial and Business Law Division, Department of Management and Engineering, Linköping University, Linköping, Sweden
Publication Date: 2023 ISBN: 978 1 03531 510 9 Extent: 334 pp
With the rise of international trade and innovation, there has been an increase in cross border trade secret violations. Using common trade secret scenarios as a springboard for analysis, the book questions whether EU private international law rules can be interpreted to facilitate the objective of the EU Trade Secret Directive and in doing so provides a detailed examination of both regimes.

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Contents
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In today’s data-driven economy, it is essential for companies to protect their trade secrets against unlawful acquisition,use and disclosure; with the ease of digital communications, employee migration and international trade, trade secret violations now often occur across national borders. This book examines how trade secret protection can differ across jurisdictions, where trade secret holders can bring proceedings, and which country’s law is applicable.

Lundstedt provides a European perspective, analysing how the EU’s rules on jurisdiction and applicable law relate to the EU’s wider objectives on encouraging cross-border innovation activities. Using common trade secret scenarios as a springboard for analysis, this book questions whether EU private international law rules can be interpreted to facilitate the objectives of the EU Trade Secret Directive and in doing so it sets out a detailed examination of both regimes.

Providing a clear and comprehensive perspective on a complex area of law, this book will be valuable for scholars of private international law, intellectual property law and EU law. Due to its practical approach to analysis, it will also be useful for policy makers and legal practitioners seeking information about uncertainties that exist in the current law.
Critical Acclaim
‘This outstanding book provides a rigorous examination of the complex legal issues raised by the cross-border protection of trade secrets in today’s knowledge-based society. It is a unique contribution that will influence the future interpretation and application of European private international law rules in this field.’
– Pedro De Miguel Asensio, Complutense University of Madrid, Spain

''For anyone transferring technology into EU member states, this is an important book. To encourage innovation, the EU upgraded its substantive trade secrecy law. It did not, however, consider private international law. This book fills that gap with a thorough, learned, and highly readable discussion of jurisdiction and applicable law.''
– Rochelle Dreyfuss, New York University, US

‘Trade secrets are still too often seen as ancillary to registered IP rights, whereas they are crucial in our borderless data-driven economy. This excellent study looks at how private international law deals with cross-border trade secret disputes. It does so in a clear and comprehensive manner. This is essential reading!’
– Paul Torremans, University of Nottingham, UK

‘How can lawyers prepare for cross-border trade secret disputes? Such cases require combined expertise in different areas, such as international commercial contracting, private international law and intellectual property law or related rights. This book facilitates this task by providing a comprehensive and clear analysis of the relevant rules in the European Union. It guides practitioners and scholars to reflect on how and where such cross-border trade secret disputes can be taken to courts, and how this specialized legal area could be better designed in the future.’
– Marta Pertegás Sender, Maastricht University, the Netherlands

Contents
Contents: PART I THE FACTUAL, THEORETICAL AND SUBSTANTIVE LAW BACKGROUND. 1 Introduction to cross-border trade secret disputes 2 The factual and theoretical background to trade secret protection 3 The international framework for the protection of trade secrets 4 The protection of trade secrets in the European Union PART II TRADE SECRETS AND PRIVATE INTERNATIONAL LAW. 5 Characterisation in European private international law 6 The international private international law framework for trade secret protection 7 Jurisdiction over trade secret disputes in the European Union 8 The law applicable to trade secret disputes in the European Union 9 Overriding mandatory rules, public policy and non-excludable rules in the Trade Secret Directive 10 Conclusions on jurisdiction and applicable law with respect to cross-border trade secret disputes Index
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