Trade secrets legal protection : from a comparative analysis of US and EU law to a new model of understanding / Luc Desaunettes-Barbero.
Desaunettes-Barbero, Luc, author.
2023
K1577
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Title Trade secrets legal protection : from a comparative analysis of US and EU law to a new model of understanding / Luc Desaunettes-Barbero.
Author Desaunettes-Barbero, Luc, author.
ISBN 9783031267864 (electronic bk.)
3031267869 (electronic bk.)
9783031267857
3031267850
DOI https://doi.org/10.1007/978-3-031-26786-4
Published Cham : Springer, [2023]
Copyright ©2023
Language English
Description 1 online resource (xxi, 501 pages) : illustrations (some color).
Item Number 10.1007/978-3-031-26786-4 doi
Call Number K1577
Dewey Decimal Classification 346.04/8
Summary Despite the economic relevance of trade secrets, their legal protection is not based on a robust theoretical corpus, and a large uncertainty remains regarding how they should be legally apprehended. The present book investigates the foundations of their legal protection by assessing its justifications and aims to define how this legal apprehension should be organized. The book starts with a comparative analysis of the US and the EU legal frameworks. It demonstrates the parentship existing between the two systems of protection and highlights that the incremental structuring of trade secrets protection has led to legal systems lacking broad-based conceptual foundations. In both legal orders, trade secrets rely on blurred protection, formally anchored in unfair competition, the strength of which, however, comes closer to that offered by intellectual property law. In this convoluted architecture, the judiciary is required to play a decisive role, especially at the enforcement stage. However, the absence of clarity concerning the telos of trade secrets protection leads to legal uncertainty, potentially incoherent enforcement, and, all in all, to inefficient outcomes from a welfare perspective. The book then explores a theoretical framework based on a distinction between two legal objects: the undertakings' secret sphere and secret pieces of information. Securing the undertakings' secret sphere appears as a condition for the competition process to happen in an economy working under structural uncertainty. It requires objective regulations enforced by public authorities. On the other hand, the legal apprehension of secret pieces of information should be considered as falling within the realm of immaterial goods regulation aiming to solve the deficit of marketability of this type of good. This might call - after conducting a careful policy trade-off - for the establishment of relative (i.e. inter partes) subjective rights.
Bibliography, etc. Note Includes bibliographical references.
Access Note Access limited to authorized users.
Source of Description Online resource; title from PDF title page (SpringerLink, viewed June 14, 2023).
Series Munich studies on innovation and competition ; v. 19. 2199-7470
Available in Other Form Print version: 9783031267857
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Part I: Trade Secrets Legal Protection in the US and in the UE: AnAarea of Law in Search of Coherence
Introduction to Part 1
Premise - Intellectual Property and Unfair Competition: Two Regulatory Paradigms With Different Purposes and Apparatus
Trade Secrets Subject Matter: A Broad and Blurred International Consensus
Trade Secrets Legal Apprehension: An Uncertain Normative Framework
Part II: Redefining Trade Secrets Law by Differentiating Between Two Different Legal Objects: The Secret Sphere and the Secret Pieces of Information
Introduction to Part 2
Premise - The Absence of Clear Theoretical Foundations
The Legal Protection of Undertaking's Secret Sphere as a Necessity For The Functioning of the Market Economy
The Legal Apprehension of Secret Pieces of Information as Immaterial Goods Regulation
Conclusion - The Distinction between the Secret Sphere and Secret Pieces of Information: The Need of a New Conceptual Model for Trade Secrets Law
Part 3 - Conclusion
General Conclusion
Part 4 Summaries
German Summary
French Summary
Bibliography.

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