The Legal Protection of Trade Secrets in Japan

The Legal Protection of Trade Secrets in Japan

Author: Kazumasa Soga

Publisher:

Published: 2003

Total Pages: 217

ISBN-13: 9784792331801

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Book Synopsis The Legal Protection of Trade Secrets in Japan by : Kazumasa Soga

Download or read book The Legal Protection of Trade Secrets in Japan written by Kazumasa Soga and published by . This book was released on 2003 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Trade Secret Protection

Trade Secret Protection

Author: Kung-Chung Liu

Publisher:

Published: 2021-08-11

Total Pages: 496

ISBN-13: 9789403530536

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In recent years, as companies implement strategies to protect their intellectual property in a competitive environment with rapidly developing technology, trade secret protection law has gained increasing importance. This is especially true in Asia, where the staggering commercial value of trade secrets, fierce cross-border competition, and large-scale labour mobility characterize the region's economy. This book - the first systematic study of trade secret protection law covering a number of key Asian jurisdictions - provides a detailed analysis of the relevant statutory and case law of Japan, Korea, China, Taiwan, Thailand, Singapore, Hong Kong, Malaysia, and India. In addition, a chapter on European Union trade secret protection law is included for further purposes of comparison. Thirty-one local experts provide a clear overview of national laws and practices by examining the following aspects of their respective national regimes: requirements of trade secrets; validity and scope of confidentiality and/or non-competition clauses; burden of proof and its shifting or reversal; order for protecting the secrecy of a trade secret during prosecution and trial; civil remedies (injunctive relief and damages); and criminal punishment for trade secret infringement. With its authoritative insights and comprehensive coverage of the dynamic and multifaceted development of trade secret protection law in Asia, the book will be a primer for practitioners, corporate counsels, judges, and scholars concerned with cross-border protection of intellectual assets.


Book Synopsis Trade Secret Protection by : Kung-Chung Liu

Download or read book Trade Secret Protection written by Kung-Chung Liu and published by . This book was released on 2021-08-11 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, as companies implement strategies to protect their intellectual property in a competitive environment with rapidly developing technology, trade secret protection law has gained increasing importance. This is especially true in Asia, where the staggering commercial value of trade secrets, fierce cross-border competition, and large-scale labour mobility characterize the region's economy. This book - the first systematic study of trade secret protection law covering a number of key Asian jurisdictions - provides a detailed analysis of the relevant statutory and case law of Japan, Korea, China, Taiwan, Thailand, Singapore, Hong Kong, Malaysia, and India. In addition, a chapter on European Union trade secret protection law is included for further purposes of comparison. Thirty-one local experts provide a clear overview of national laws and practices by examining the following aspects of their respective national regimes: requirements of trade secrets; validity and scope of confidentiality and/or non-competition clauses; burden of proof and its shifting or reversal; order for protecting the secrecy of a trade secret during prosecution and trial; civil remedies (injunctive relief and damages); and criminal punishment for trade secret infringement. With its authoritative insights and comprehensive coverage of the dynamic and multifaceted development of trade secret protection law in Asia, the book will be a primer for practitioners, corporate counsels, judges, and scholars concerned with cross-border protection of intellectual assets.


The System of Unfair Competition Prevention in Japan

The System of Unfair Competition Prevention in Japan

Author: Christopher Heath

Publisher: Springer

Published: 2001-05-02

Total Pages: 368

ISBN-13:

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This is the first in-depth treatment in English of Japanese law and practice governing unfair competition. The author analyzes the interaction of the relevant laws - and the case law derived from each - to present a systematic description of how business reputation, trade secrets, well-known marks, and other aspects of business achievement and investment are protected against undue exploitation in Japan. Prohibited acts of unfair competition covered include: misappropriation by confusion or passing-off; misappropriation through breach of trust or fiduciary duty; slavish imitation of distinct product features; trade mark piracy; tortious acts of denigration, libel, and slander; direct interference by, e.g., boycott or bribery; undue exercise of intellectual property rights; and misleading indications on goods and services (e.g., of geographical origin). Several problematic areas - in particular, the obstacles to effective enforcement, and the lack of adequate protection for consumers against acts of unfair competition - are given particular emphasis. The book concludes with cogent proposals on how the Japanese system could be improved and developed, referring to the model provisions of the World Intellectual Property Organization and offering a new and original draft Unfair Competition Act. Any business person or investor interested in the Japanese market will benefit enormously from this practical and insightful volume.


Book Synopsis The System of Unfair Competition Prevention in Japan by : Christopher Heath

Download or read book The System of Unfair Competition Prevention in Japan written by Christopher Heath and published by Springer. This book was released on 2001-05-02 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first in-depth treatment in English of Japanese law and practice governing unfair competition. The author analyzes the interaction of the relevant laws - and the case law derived from each - to present a systematic description of how business reputation, trade secrets, well-known marks, and other aspects of business achievement and investment are protected against undue exploitation in Japan. Prohibited acts of unfair competition covered include: misappropriation by confusion or passing-off; misappropriation through breach of trust or fiduciary duty; slavish imitation of distinct product features; trade mark piracy; tortious acts of denigration, libel, and slander; direct interference by, e.g., boycott or bribery; undue exercise of intellectual property rights; and misleading indications on goods and services (e.g., of geographical origin). Several problematic areas - in particular, the obstacles to effective enforcement, and the lack of adequate protection for consumers against acts of unfair competition - are given particular emphasis. The book concludes with cogent proposals on how the Japanese system could be improved and developed, referring to the model provisions of the World Intellectual Property Organization and offering a new and original draft Unfair Competition Act. Any business person or investor interested in the Japanese market will benefit enormously from this practical and insightful volume.


Trade Secret Protection

Trade Secret Protection

Author: Kung-Chung Liu

Publisher: Kluwer Law International B.V.

Published: 2021-08-11

Total Pages: 600

ISBN-13: 9403531045

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In recent years, as companies implement strategies to protect their intellectual property in a competitive environment with rapidly developing technology, trade secret protection law has gained increasing importance. This is especially true in Asia, where the staggering commercial value of trade secrets, fierce cross-border competition, and large-scale labour mobility characterize the region’s economy. This book – the first systematic study of trade secret protection law covering a number of key Asian jurisdictions – provides a detailed analysis of the relevant statutory and case law of Japan, Korea, China, Taiwan, Thailand, Singapore, Hong Kong, Malaysia, and India. In addition, a chapter on European Union trade secret protection law is included for further purposes of comparison. Thirty-one local experts provide a clear overview of national laws and practices by examining the following aspects of their respective national regimes: requirements of trade secrets; validity and scope of confidentiality and/or non-competition clauses; burden of proof and its shifting or reversal; order for protecting the secrecy of a trade secret during prosecution and trial; civil remedies (injunctive relief and damages); and criminal punishment for trade secret infringement. With its authoritative insights and comprehensive coverage of the dynamic and multifaceted development of trade secret protection law in Asia, the book will be a primer for practitioners, corporate counsels, judges, and scholars concerned with cross-border protection of intellectual assets.


Book Synopsis Trade Secret Protection by : Kung-Chung Liu

Download or read book Trade Secret Protection written by Kung-Chung Liu and published by Kluwer Law International B.V.. This book was released on 2021-08-11 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, as companies implement strategies to protect their intellectual property in a competitive environment with rapidly developing technology, trade secret protection law has gained increasing importance. This is especially true in Asia, where the staggering commercial value of trade secrets, fierce cross-border competition, and large-scale labour mobility characterize the region’s economy. This book – the first systematic study of trade secret protection law covering a number of key Asian jurisdictions – provides a detailed analysis of the relevant statutory and case law of Japan, Korea, China, Taiwan, Thailand, Singapore, Hong Kong, Malaysia, and India. In addition, a chapter on European Union trade secret protection law is included for further purposes of comparison. Thirty-one local experts provide a clear overview of national laws and practices by examining the following aspects of their respective national regimes: requirements of trade secrets; validity and scope of confidentiality and/or non-competition clauses; burden of proof and its shifting or reversal; order for protecting the secrecy of a trade secret during prosecution and trial; civil remedies (injunctive relief and damages); and criminal punishment for trade secret infringement. With its authoritative insights and comprehensive coverage of the dynamic and multifaceted development of trade secret protection law in Asia, the book will be a primer for practitioners, corporate counsels, judges, and scholars concerned with cross-border protection of intellectual assets.


Trade Secrecy and International Transactions

Trade Secrecy and International Transactions

Author: Elizabeth A Rowe

Publisher: Edward Elgar Publishing

Published: 2015-08-28

Total Pages: 352

ISBN-13: 1782540784

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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


Book Synopsis Trade Secrecy and International Transactions by : Elizabeth A Rowe

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


Trade Secrets Law

Trade Secrets Law

Author: Melvin F. Jager

Publisher:

Published:

Total Pages:

ISBN-13:

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Book Synopsis Trade Secrets Law by : Melvin F. Jager

Download or read book Trade Secrets Law written by Melvin F. Jager and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:


Intellectual Property Protection and Management

Intellectual Property Protection and Management

Author: Teruo Doi

Publisher:

Published: 1992

Total Pages: 552

ISBN-13:

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Book Synopsis Intellectual Property Protection and Management by : Teruo Doi

Download or read book Intellectual Property Protection and Management written by Teruo Doi and published by . This book was released on 1992 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt:


The Legal Protection of Trade Secrets

The Legal Protection of Trade Secrets

Author: Allison Coleman

Publisher:

Published: 1992

Total Pages: 149

ISBN-13: 9780421471702

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The Legal Protection of Trade Secrets places trade secrets firmly in the context of intellectual property rights and commerce, and considers the complex web of law and policy underlying any decision to protect confidential information from unauthorized disclosure. It considers the position from both the situation of the employer and the employee.


Book Synopsis The Legal Protection of Trade Secrets by : Allison Coleman

Download or read book The Legal Protection of Trade Secrets written by Allison Coleman and published by . This book was released on 1992 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legal Protection of Trade Secrets places trade secrets firmly in the context of intellectual property rights and commerce, and considers the complex web of law and policy underlying any decision to protect confidential information from unauthorized disclosure. It considers the position from both the situation of the employer and the employee.


The Protection of Trade Secrets in China

The Protection of Trade Secrets in China

Author: Shan Hailing

Publisher: Kluwer Law International B.V.

Published: 2012-11-01

Total Pages: 546

ISBN-13: 9041145230

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For business investors in China, the legal handling of trade secrets is often crucial. However, initiatives are often complicated by a patchwork trade secrets protection system – pieced together haphazardly over the last two decades and drawing on disparate elements of competition law, contract law, employment law, and criminal law – that diverges in significant ways from global standards and corresponding regimes in other countries. Now at last interested parties can benefit richly from a thorough and practical approach to the subject. This detailed analysis of China’s trade secrets law provides in-depth information and guidance on such important factors as the following: the current framework of China’s trade secrets law, its past development and its ongoing trends; legal comparison of China’s trade secrets law with various international, regional, and national schemes; what constitutes trade secrets infringement in China and what remedies are available; and the legal interaction in China between employment relations and trade secrets protection. The author pays close attention to judicial practice and precedent in the areas of civil remedies, criminal punishment, and administrative penalties. She also offers insightful proposals formulated to align China’s trade secrets law more efficiently with prevailing global standards and generally improve the mechanisms for its implementation. Corporate counsel and international lawyers concerned with intellectual property rights or labour law in China will greatly appreciate the knowledgeable guidance this book affords. They will gain a deeply informed perspective that allows them to avoid infringement, to battle it effectively if occasion arises, and to plan dispute resolution strategies for contingencies involving trade secrets protection in China.


Book Synopsis The Protection of Trade Secrets in China by : Shan Hailing

Download or read book The Protection of Trade Secrets in China written by Shan Hailing and published by Kluwer Law International B.V.. This book was released on 2012-11-01 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: For business investors in China, the legal handling of trade secrets is often crucial. However, initiatives are often complicated by a patchwork trade secrets protection system – pieced together haphazardly over the last two decades and drawing on disparate elements of competition law, contract law, employment law, and criminal law – that diverges in significant ways from global standards and corresponding regimes in other countries. Now at last interested parties can benefit richly from a thorough and practical approach to the subject. This detailed analysis of China’s trade secrets law provides in-depth information and guidance on such important factors as the following: the current framework of China’s trade secrets law, its past development and its ongoing trends; legal comparison of China’s trade secrets law with various international, regional, and national schemes; what constitutes trade secrets infringement in China and what remedies are available; and the legal interaction in China between employment relations and trade secrets protection. The author pays close attention to judicial practice and precedent in the areas of civil remedies, criminal punishment, and administrative penalties. She also offers insightful proposals formulated to align China’s trade secrets law more efficiently with prevailing global standards and generally improve the mechanisms for its implementation. Corporate counsel and international lawyers concerned with intellectual property rights or labour law in China will greatly appreciate the knowledgeable guidance this book affords. They will gain a deeply informed perspective that allows them to avoid infringement, to battle it effectively if occasion arises, and to plan dispute resolution strategies for contingencies involving trade secrets protection in China.


Employees, Trade Secrets and Restrictive Covenants

Employees, Trade Secrets and Restrictive Covenants

Author: Christopher Heath

Publisher: Kluwer Law International B.V.

Published: 2016-11-24

Total Pages: 370

ISBN-13: 9041183809

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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.


Book Synopsis Employees, Trade Secrets and Restrictive Covenants by : Christopher Heath

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.