Friday, 4 December 2015

Trade secrecy and international transactions: a new title

Following yesterday's post, "Trade secrecy: the last frontier for IP analytics?" here as promised is news of Sharon K. Sandeen's book, co-authored with Elizabeth A. Rowe. It's called Trade Secrecy and International Transactions: Law and Practice, and it's published by the Anglo-American house of Edward Elgar Publishing.

For the record,  Sharon K. Sandeen is Professor of Law, Hamline University School of Law, while Elizabeth A. Rowe is Professor of Law in the Levin College of Law, University of Florida.

According to the book's web page: 
Providing a valuable source of information on the law and practice of trade secrecy in international business transactions, this book provides concise but authoritative insight into international trade secret harmonization efforts and the trade secret laws of many countries. Trade secret law in the United States is promoted as the international standard for trade secret protection and a detailed explanation of the scope and limits of trade secret law in the US is presented here alongside practical guidance on how businesses can enhance trade secret protection while engaging in global commerce.
The book seeks principally to achieve the following objectives:
• to present a roadmap for understanding trade secrets, including requirements for, defences to, and remedies;
• to span both business-to-business and employment relationships;
• to offer an authoritative commentary on US and EU trade secrecy laws in addition to coverage of the law in the UK, India, China, Mexico, Brazil, Canada 
• to provide practical advice on overcoming the challenges businesses face when engaging in international transactions, including strategies for avoiding misappropriation.
• to give clear guidance on enforcement mechanisms and litigation procedure.
In achieving all of this, the book also underlines the gulf between trade secrets and other forms of intellectual property right.  Debate continues as to whether trade secrets are even a form of property at all, since their protection is more easily characterised as a branch of unfair competition law, and the enforcement of means of protecting secrets is essentially in personam rather than in rem. While the same can be said about the protection of trade names and trade dress through passing-off law, that protection can generally be translated into a registered right by trade mark law and will thus fall within a recognisable analysis-friendly asset class. This does not happen with trade secrets, which thus remain frustratingly beyond the grasp of Big Data and IP analytics.

You can get more information about this book from the publisher's website here.

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