Hardback
The Harmonization and Protection of Trade Secrets in the EU
An Appraisal of the EU Directive
9781788973335 Edward Elgar Publishing
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.
More Information
Critical Acclaim
Contributors
Contents
More Information
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. Written by a team of international experts, it uses the new EU Trade Secrets Directive as a prism through which to discuss the complex legal issues involved.
Featuring both EU and wider international perspectives, chapters examine the Directive’s aim of harmonizing legislation on the protection of trade secrets across the EU, and discuss how this has been implemented by member states. Contributors also explore the effects of the new regime on contentious issues and crucial sectors such as medicine, big data and AI, as well as considering its relationship with US law in particular.
Scholars and students of patent law, innovation, and EU law and governance, particularly those with an interest in the topic of information freedom, will find this book of great significance in their research. Practitioners working in trade secrets and intellectual property more broadly will also find this book’s comprehensive analysis of the Directive and its practical implications invaluable.
Featuring both EU and wider international perspectives, chapters examine the Directive’s aim of harmonizing legislation on the protection of trade secrets across the EU, and discuss how this has been implemented by member states. Contributors also explore the effects of the new regime on contentious issues and crucial sectors such as medicine, big data and AI, as well as considering its relationship with US law in particular.
Scholars and students of patent law, innovation, and EU law and governance, particularly those with an interest in the topic of information freedom, will find this book of great significance in their research. Practitioners working in trade secrets and intellectual property more broadly will also find this book’s comprehensive analysis of the Directive and its practical implications invaluable.
Critical Acclaim
‘For those involved in Trade Secrets, but also for those interested in getting a view on how EU Directives are implemented, and how differently it can be done from adapting the text from the Directive more or less in extenso to trying to adapt the Directive to existing legislation, the book is warmly recommended.’
– Max Oker-Blom, IPR Info
‘The book is a very welcome piece of legal literature both for scholars and practitioners not only for the high quality of the contributions but also for the overall design of the book which draws a comprehensive picture of the issues raised by the implementation of the Directive trying to offer the proper legal solutions to some of them.’
– Davide Arcidiacono, EU Law Live
‘As the first wave of national implementations of the EU Trade Secrets Directive has hit, it is of great interest to identify the central issues of the new legal framework in different jurisdictions. This timely contribution delivers just that: a number of perspectives from different EU countries give account of their respective national implementation and prepare the stage for a valuable comparative law perspective on the protection of Trade Secrets. Moreover, the book encompasses a cutting-edge assessment of the Directive’s effects on topical issues (employee mobility, big data, AI, personalised medicine, etc).’
– Matthias Leistner, Ludwig-Maximilians-Universität München, Germany
– Max Oker-Blom, IPR Info
‘The book is a very welcome piece of legal literature both for scholars and practitioners not only for the high quality of the contributions but also for the overall design of the book which draws a comprehensive picture of the issues raised by the implementation of the Directive trying to offer the proper legal solutions to some of them.’
– Davide Arcidiacono, EU Law Live
‘As the first wave of national implementations of the EU Trade Secrets Directive has hit, it is of great interest to identify the central issues of the new legal framework in different jurisdictions. This timely contribution delivers just that: a number of perspectives from different EU countries give account of their respective national implementation and prepare the stage for a valuable comparative law perspective on the protection of Trade Secrets. Moreover, the book encompasses a cutting-edge assessment of the Directive’s effects on topical issues (employee mobility, big data, AI, personalised medicine, etc).’
– Matthias Leistner, Ludwig-Maximilians-Universität München, Germany
Contributors
Contributors: T. Aplin, R. Arnold, N. Bruun, R. Cooper Dreyfuss, B. Díaz Alaminos, B. Domeij, N. Lee, T. Minssen, A. Nordberg, A. Ohly, N. Rajam, T. Riis, S.K. Sandeen, J. Schovsbo, J.S. Sherkow, H. Udsen, B. van der Donk, M. van Eechoud
Contents
Contents:
I. Introduction
Jens Schovsbo, Timo Minssen, Thomas Riis
1. An Appraisal of the EU Directive on Trade Secrets
II. The Directive and Its Context
2. The Directive on Trade Secrets and its Background
Jens Schovsbo
3. Trade Secret Law as part of Information Law
Henrik Udsen, Jens Schovsbo and Berdien van der Donk
4. Through the Looking Glass: Trade Secret Harmonization as a Reflection of U.S.Law
Sharon K. Sandeen
III. Implementation of the Directive
5. UK Implementation of the Trade Secrets Directive
Tanya Aplin and Richard Arnold
6. The Implementation of the Trade Secrets Directive in the Nordic Countries
Jens Schovsbo and Niklas Bruun
7. Germany: The Trade Secrets Protection Act of 2019
Ansgar Ohly
8. Implementation of the Trade Secrets Directive into National Law: Portugal and Spain
Ana Nordberg and Bárbara Díaz Alaminos
IV. Specific issues
9. The Trade Secrets Directive and Employees
Bengt Domeij
10. Choice of Law in EU Trade Secrecy Cases
Rochelle Cooper Dreyfuss and Mireille van Eechoud
11. Trade Secrets, Big Data and Artifical Intelligence Innovation: a Legal Oxymoron?
Ana Nordberg
12. Enforcement of Rights in Trade Secrets
Thomas Riis
V. Specific sectors
13. AIRR Data Under the E.U. Trade Secrets Directive: Aligning Scientific Practices with Commercial Realities
Jakob S. Sherkow and Timo Minssen
14. Protection for Artificial Intelligence in Personalised Medicine–The Patent / Trade Secret Trade Off
Nari Lee
15. The Impact of Trade Secrets for Publicly Funded Research Collaborations in Europe
Neethu Rajam
Index
I. Introduction
Jens Schovsbo, Timo Minssen, Thomas Riis
1. An Appraisal of the EU Directive on Trade Secrets
II. The Directive and Its Context
2. The Directive on Trade Secrets and its Background
Jens Schovsbo
3. Trade Secret Law as part of Information Law
Henrik Udsen, Jens Schovsbo and Berdien van der Donk
4. Through the Looking Glass: Trade Secret Harmonization as a Reflection of U.S.Law
Sharon K. Sandeen
III. Implementation of the Directive
5. UK Implementation of the Trade Secrets Directive
Tanya Aplin and Richard Arnold
6. The Implementation of the Trade Secrets Directive in the Nordic Countries
Jens Schovsbo and Niklas Bruun
7. Germany: The Trade Secrets Protection Act of 2019
Ansgar Ohly
8. Implementation of the Trade Secrets Directive into National Law: Portugal and Spain
Ana Nordberg and Bárbara Díaz Alaminos
IV. Specific issues
9. The Trade Secrets Directive and Employees
Bengt Domeij
10. Choice of Law in EU Trade Secrecy Cases
Rochelle Cooper Dreyfuss and Mireille van Eechoud
11. Trade Secrets, Big Data and Artifical Intelligence Innovation: a Legal Oxymoron?
Ana Nordberg
12. Enforcement of Rights in Trade Secrets
Thomas Riis
V. Specific sectors
13. AIRR Data Under the E.U. Trade Secrets Directive: Aligning Scientific Practices with Commercial Realities
Jakob S. Sherkow and Timo Minssen
14. Protection for Artificial Intelligence in Personalised Medicine–The Patent / Trade Secret Trade Off
Nari Lee
15. The Impact of Trade Secrets for Publicly Funded Research Collaborations in Europe
Neethu Rajam
Index
