Relevant bibliographies by topics / Views on trade secrets

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Academic literature on the topic 'Views on trade secrets'

Author: Grafiati
Published: 4 June 2021
Last updated: 10 February 2022

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Journal articles on the topic "Views on trade secrets"

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Eklund, Mia Catharina. "Monitoring employees’ e-mail correspondence and Internet use – A Finnish perspective – PART I." European Labour Law Journal 10, no. 2 (May 23, 2019): 116–33. http://dx.doi.org/10.1177/2031952519852110.

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This article examines the prerequisites under which a private sector employer is and should be able to monitor its employees’ use of e-mail and Internet. For purposes of this examination, the article analyses the meaning of the Trade Secrets Directive’s provision requiring the trade secret holder to take reasonable steps to protect its trade secrets, in order to ascertain whether the provision requires the employer to monitor its employees’ e-mail correspondence and Internet use to gain the protection under the Trade Secrets Directive and the relevant Finnish legislation implementing the Trade Secrets Directive. The article also examines the relevant ECtHR case law, and especially the Bărbulescu case, as well as the Article 29 Working Party’s principles applicable to the monitoring of employees’ e-mail correspondence and Internet use. To provide a national context, the article examines the prerequisites under which a Finnish private sector employer may monitor its employees’ use of e-mail and Internet, or more specifically the prerequisites under which the employer may process traffic data, as well as the prerequisites under which an employer may open and retrieve its employees’ e-mails. The Finnish legislation applicable to e-mail and Internet monitoring is particularly interesting as it is significantly more restrictive for employers than the criteria set by the ECtHR and the Article 29 Working Party. Examining Finnish legislation in this context is also interesting, because there has been extensive public debate on whether having legislation in place that enables the employer under certain circumstances to monitor its employees’ e-mail correspondence is at all necessary and justified. Such views have first and foremost been supported by the argument that monitoring employees’ e-mails constitutes an intrusion into the employee’s right to privacy and secrecy of correspondence. Also, Finland is so far the only EU Member State that has enacted a specific act regulating the processing of employee data. The purpose of this article is to provide an overview of the prerequisites under which monitoring of employees’ e-mail correspondence and Internet use is permitted based on ECtHR case law (as well as the relevant guidelines issued by the Article 29 Working Party) and applicable Finnish legislation, and to reflect on the extent to which an employer should have the right to monitor its employees’ e-mail correspondence and Internet use, to ensure inter alia compliance and adequate protection of trade secrets. The purpose of this article is also to provide understanding on the applicable Finnish legal framework as an example of a European national approach highlighting the divergence between the level of protection afforded in different EU Member States and to reflect on why the subject matter is so sensitive.
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Raimova, Nargiza. "Improving of legal regulation of trade secrets in the Republic of Uzbekistan." Общество и инновации 1, no. 2 (November 18, 2020): 260–69. http://dx.doi.org/10.47689/2181-1415-vol1-iss2-pp260-269.

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Information, exactly confidential information, is the most important component of the development of society in formative modern world. The current civil society is gradually turning from an informed to the information, so we can fearlessly say that the 21th century is considered to be the age of information. Information is a very important and necessary element of any activity of man, society and the state in the public, social-economic and political spheres. It is noted in the article that the problems related to the fact that the legislation provides a wide range of powers by government organs in the different tests that may affect the interests of sensitive enterprise because unset concrete facets of government intervention in economic activities of enterprises considered painful for entrepreneurs in many countries. It is concluded that the commercial valuable information is the right of every establishment for keeping secretness of it's industrial, commercial and financial operations, as well as proper documentation. It presents great interest in securing a wide range of problems related to those which information belong to a commercial secrets, as far as possible lifts the curtain for partners, competitors, government organs not to cause adverse effects on its business. Based on the study of foreign experience and scientific and theoretical views, ways to improve legislation in the field of regulation of confidential information were investigated. Based on the results of the analysis, relevant conclusions were drawn and proposals were developed for the current legislation
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BAREEVA, Irkyam Adgamovna, Sergey Mikhailovich VASIN, Galina Alekseevna SUGROBOVA, and Lunika Nikolaevna KORCHAGINA. "Social Partnership in Human Resources Management." Journal of Advanced Research in Law and Economics 8, no. 8 (August 30, 2018): 2339. http://dx.doi.org/10.14505/jarle.v8.8(30).04.

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The present article provides a retrospective analysis of the views of various authors on the problem of social partnership, considering social partnership as an alternative to social confrontation, as a means to harmonize the interests of various social groups in the process of resolving emerging contradictions in various areas of public practice. It was pointed out that partnership allows striking a balance of mutual interests in achieving an overall objective, effectively allocating the available resources and opportunities. The article presents the analysis of the activities of a trade union organization as a social partner, the analysis of social and labor relations in an industrial business. The authors have revealed significant problems in the field of social partnership, on which they have developed several practical recommendations.The analysis is based on social activity index calculation in a trade union organization. To comply with confidentiality requirements, property rights and trade secrets, the enterprise name is not listed.
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Fataruba, Sabri. "TRIPs dalam Kaitannya dengan Perlindungan Hukum Terhadap Rahasia Dagang, Desain Industri dan Desain Tata Letak Sirkuit Terpadu Di Indonesia." SASI 26, no. 1 (May 19, 2020): 1. http://dx.doi.org/10.47268/sasi.v26i1.207.

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Participation in the WTO has given consequences to its member countries, including Indonesia, to harmonize its laws in the field of Intellectual Property Rights for full compliance or full compliance as a minimum requirement and guidelines for WTO member countries to contain new norms and has a higher standard and contains strict law enforcement provisions as set by the TRIPs. In view of these matters, Indonesia has harmonized the existing laws in the field of Intellectual Property Rights and made legal norms in accordance with the standards set by the TRIPs for several fields of Intellectual Property Rights which had not yet been enacted at the time, where 3 ( three) including Law Number 30 of 2000 concerning Trade Secrets, Law Number 31 of 2000 concerning Industrial Design and Law Number 32 of 2000 concerning Layout Designs of Integrated Circuits, the regulations also meet the standards set by TRIPs , in order to provide adequate legal protection to guarantee the rights of Owners of Trade Secrets and Designers and to ensure that other unauthorized parties do not abuse them, so as to motivate the owners of trade secrets and designers to continue to be creative in creating and/or designing, as well also stimulates other communities to do same things.
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Connan, J. "Use and trade of bitumen in antiquity and prehistory: molecular archaeology reveals secrets of past civilizations." Philosophical Transactions of the Royal Society of London. Series B: Biological Sciences 354, no. 1379 (January 29, 1999): 33–50. http://dx.doi.org/10.1098/rstb.1999.0358.

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Natural asphalt (or bitumen) deposits, oil seepage and liquid oil shows are widespread in the Middle East, especially in the Zagros mountains of Iran. Ancient people from northern Iraq, south–west Iran and the Dead Sea area extensively used this ubiquitous natural resource until the Neolithic period (7000 to 6000 BC). Evidence of earlier use has been recently documented in the Syrian desert near (Boëda et al. 1996) near El Kown, where bitumen–coated flint implements, dated to 40,000 BC (Mousterian period), have been unearthed. This discovery at least proves that bitumen was used by Neanderthal populations as hafting material to fix handles to their flint tools. Numerous testimonies, proving the importance of this petroleum–based material in Ancient civilizations, were brought to light by the excavations conducted in the Near East as of the beginning of the century. Bitumen remains show a wide range of uses that can be classified under several headings. First of all, bitumen was largely used in Mesopotamia and Elam as mortar in the construction of palaces (e.g. the Darius Palace in Susa), temples, ziggurats (e.g. the so–called ‘Tower of Babel’ in Babylon), terraces (e.g. the famous ‘Hanging Gardens of Babylon’) and exceptionally for roadway coating (e.g. the processional way of Babylon). Since the Neolithic, bitumen served to waterproof containers (baskets, earthenware jars, storage pits), wooden posts, palace grounds (e.g. in Mari and Haradum), reserves of lustral waters, bathrooms, palm roofs, etc. Mats, sarcophagi, coffins and jars, used for funeral practices, were often covered and sealed with bitumen. Reed and wood boats were also caulked with bitumen. Abundant lumps of bituminous mixtures used for that particular purpose have been found in storage rooms of houses at Ra's al–Junayz in Oman. Bitumen was also a widespread adhesive in antiquity and served to repair broken ceramics, fix eyes and horns on statues (e.g. at Tell al–Ubaid around 2500 BC). Beautiful decorations with stones, shells, mother of pearl, on palm trees, cups, ostrich eggs, musical instruments (e.g. the Queen's lyre) and other items, such as rings, jewellery and games, have been excavated from the Royal tombs in Ur. They are on view in the British Museum. With a special enigmatic material, commonly referred to as ‘bitumen mastic’, the inhabitants of Susa sculpted masterpieces of art which are today exhibited in the Louvre Museum in Paris. This unique collection is presented in a book by Connan and Deschesne (1996). Last, bitumen was also considered as a powerful remedy in medical practice, especially as a disinfectant and insecticide, and was used by the ancient Egyptians to prepare mixtures to embalm the corpses of their dead. Modern analytical techniques, currently applied in the field of petroleum geochemistry, have been adapted to the study of numerous archaeological bituminous mixtures found in excavations. More than 700 bituminous samples have been analysed during the last decade, using gas chromatography alone and gas chromatography coupled with mass spectrometry and isotopic chemistry (carbon and hydrogen mainly). These powerful tools, focused on the detailed analysis of biomarkers in hydrocarbon fractions, were calibrated on various well–known natural sources of bitumen in Iraq, Syria, Iran, Bahrain and Kuwait. These reference studies have made it possible to establish the origins of bitumen from numerous archaeological sites and to document the bitumen trade routes in the Middle East and the Arabo–Persian Gulf. Using a well–documented case history, Tell el ‘Oueili (5800 to 3500 BC) in South Mesopotamia, we will illustrate in this paper how these new molecular and isotopic tools can help us to recognize different sources of bitumen and to trace the ancient trade routes through time. These import routes were found to vary with major cultural and political changes in the area under study. A second example, referring to the prehistoric period, describes bitumen traces on flint implements, dated from Mousterian times. This discovery, from the Umm El Tlel excavations near El Kown in Syria, was reported in 1996 in Boëda et al . At that time, the origin of the bitumen had not been elucidated due to contamination problems. Last year, a ball of natural oil–stained sands, unearthed from the same archaeological layer, allowed us to determine the source of the bitumen used. This source is regional and located in the Jebel Bichri, nearly 40 km from the archaeological site. The last case history was selected to illustrate another aspect of the investigations carried out. Recent geochemical studies on more than 20 balms from Egyptian mummies from the Intermediate, Ptolemaic and Roman periods have revealed that these balms are composed of various mixtures of bitumen, conifer resins, grease and beeswax. Bitumen occurs with the other ingredients and the balms studied show a great variety of molecular compositions. Bitumen from the Dead Sea area is the most common source but some other sources (Hit in Iraq?) are also revealed by different molecular patterns. The absolute amount of bitumen in balms varies from almost zero to 30% per weight.
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Čamaj, Juraj, Štefan Čarný, and Adrián Šperka. "Possibilities of Obtaining Rail Transport Data for the Purpose of Updating the Source Data of the ERIC Mobile Application." Transport technic and technology 16, no. 2 (December 1, 2020): 1–4. http://dx.doi.org/10.2478/ttt-2020-0007.

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AbstractThe flow of information is important in any area of human life. That’s why people try to develop applications to support the flow of information. But then it is also important to protect information, which means that not all employees have access to all information. In practice, this means above all a competitive advantage over other companies in the same sector. The purpose of the article is to define the positive and negative aspects of trade secrets from the customer’s point of view in passenger and freight rail transport. The main goal is to connect the information systems of individual infrastructure managers and carriers into the ERIC MOBILE application in compliance with the conditions of modularity.
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Čamaj, Juraj, Štefan Čarný, and Adrián Šperka. "Possibilities of Obtaining Rail Transport Data for the Purpose of Updating the Source Data of the ERIC Mobile Application." Transport technic and technology 16, no. 2 (December 1, 2020): 1–4. http://dx.doi.org/10.2478/ttt-2020-0007.

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Abstract The flow of information is important in any area of human life. That’s why people try to develop applications to support the flow of information. But then it is also important to protect information, which means that not all employees have access to all information. In practice, this means above all a competitive advantage over other companies in the same sector. The purpose of the article is to define the positive and negative aspects of trade secrets from the customer’s point of view in passenger and freight rail transport. The main goal is to connect the information systems of individual infrastructure managers and carriers into the ERIC MOBILE application in compliance with the conditions of modularity.
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Kiguru, Gatitu, Phyllis W. Mwangi, Purity M. Nthiga, and Caryn Kimuyu. "Language and Witchcraft as a Trade: Insights from, Machakos County, Kenya." Revista Internacional de Organizaciones, no. 23 (September 18, 2019): 59–77. http://dx.doi.org/10.17345/rio23.59-77.

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Witchcraft is defined as the use of magical powers for healing, seeing into the future, causing harm or for religion. The belief in the powers of witchcraft is widespread in Africa. Due to these perceived magical powers people from different walks of life seek for various forms of treatments from witchdoctors. As such, witchcraft in Africa is a trade complete with a marked use of language that sustains in in modern society. This article reports on an analysis of language used by witchdoctors in Machakos County in Kenya, and respondents’ views about witchcraft. The objectives of the study were twofold. One was to identify and describe the language strategies that mark witchcraft as trade. The second objective was to explore the socio-psychological factors governing the use of the language by witchdoctors. Two witchdoctors were purposively sampled: one male and one female. The primary data were collected through recorded interviews of the witchdoctors. It was found that the witchdoctors use various language strategies to attract and retain clientele and that these strategies are a factor of the socio-psychological environment in which the witchdoctors operate. Moreover, the study established that witchdoctor still find relevance in the modern Kenyan society because of prevalent beliefs about social and medical problems. This paper thus argues that language is an important tool in the witchcraft trade that serves to purposely obscure meaning in order to shroud the trade in secrecy, enhance social exclusion and consequently sustain the belief in the magical powers of the witchdoctors.
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Wallach, Lori. "Trade Secrets." Foreign Policy, no. 140 (January 2004): 70. http://dx.doi.org/10.2307/4147524.

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Vertreace, Martha M. "Trade Secrets." College English 48, no. 7 (November 1986): 686. http://dx.doi.org/10.2307/377373.

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Dissertations / Theses on the topic "Views on trade secrets"

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Kolman, Rachel. "Trade Secrets." Master's thesis, University of Central Florida, 2012. http://digital.library.ucf.edu/cdm/ref/collection/ETD/id/5382.

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Trade Secrets is a collection of fourteen short stories that explores characters falling in and out of relationships and coping in unusual and even comedic ways. These characters are often obsessive and do not trust one another. They think life is funny, and discover that love is funny, and yeah, sex can be funny too. They don't feel the right things when they're supposed to. They find love, and lose love. They find hope, and lose hope. They escape sometimes, but more often are unable to go anywhere. These stories consider relationships through the disconnection between reality and fantasy, exploring how the lines between illusion and actuality can become blurred. A young boy fantasizes about running on the wind; teenagers pretend to be werewolves; twenty-somethings obsess about potential love affairs, dreams, and the possibility of escape. There is a driving curiosity behind these characters, a desire to figure one another out—a desire to learn the other's secret. Trade secrets are insider information after all, and must be earned. These characters are all earning the right to hold their own trade secrets and, when the time is right, sharing that information with whomever is willing to listen.
ID: 031001419; System requirements: World Wide Web browser and PDF reader.; Mode of access: World Wide Web.; Includes reading list (p. 147-150); Adviser: Susan Hubbard.; Title from PDF title page (viewed June 18, 2013).; Thesis (M.F.A.)--University of Central Florida, 2012.
M.F.A.
Masters
English
Arts and Humanities
Creative Writing
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Sosa, Huapaya Alex. "Unfair competition and the safeguard of trade secrets." THĒMIS-Revista de Derecho, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/108071.

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The Law of Supression of Unfair Competition, approved by Legislative Decree 1044, tries to avoid confusions about what is protected as a trade secret and what cases of misappropriation should be sanctioned.In this article, the author questions the interpretation and application that has beenconsistently employed, in many cases, to some of the terms contained in the aforementioned law.For that purpose, the author explains the meaning of the trade secret and other related terms, such as prohibited competition and concurrent purposes. He then proceeds to elaborate an analysis about the economic function of protecting trade secrets and what should be the correct application of the Law of Supression of Unfair Competition.
La Ley de Represión de la Competencia Desleal, aprobada por el Decreto Legislativo 1044, trata de evitar confusiones acerca de qué se protege comosecreto empresarial y qué supuestos de apropiación indebida deberían sancionarse.En el presente artículo, el autor cuestiona la interpretación y aplicación que se le ha venido dando, en muchos casos, a algunos de los términos contenidos en dicha ley. Para ello, explica el significado del secreto empresarial, y de otros términosrelacionados como la competencia prohibida y la finalidad concurrencial. Luego, pasa a elaborar un análisis sobre la función económica de proteger los secretos empresariales y de cuál debería ser la correcta aplicación de la Ley de Represión de la Competencia Desleal.
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Malik, Choudhry Muhammad Zaki. "Enforcing Trade Secrets among Competitors on the Semantic Web." Thesis, Virginia Tech, 2004. http://hdl.handle.net/10919/34636.

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In this thesis, we present a novel approach for the preservation of trade secrets in a Business-to-Business (B2B) environment that involves trade among competitors. The Web provides a low cost medium for B2B collaborations. Information exchange may take place during such a collaboration. The exchanged information may be of a sensitive nature, forming a business trade secret. The open nature of the Web calls for techniques to prevent the disclosure of trade secrets. The emerging Semantic Web is expected to make the challenge more acute in terms of trade secret protection due to the automation of B2B interactions. In this thesis, the different businesses are represented by Web services on the envisioned Semantic Web. We propose a Peer-to-Peer (P2P) approach for preserving trade secrets in B2B interactions. We introduce a set of techniques based on data perturbation for preserving data privacy. The techniques presented in our thesis are implemented in WebBIS, a prototype for accessing e-business Web services. Finally, we conduct an extensive performance study (analytical and experimental) of the proposed techniques.
Master of Science
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Hannah, David Ramsay. "An investigation of the effects of trade secret protection procedures and psychological contract violations on employees' tendencies to divulge trade secrets /." Digital version accessible at:, 2000. http://wwwlib.umi.com/cr/utexas/main.

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Searle, Nicola C. "The economics of trade secrets : evidence from the Economic Espionage Act." Thesis, University of St Andrews, 2010. http://hdl.handle.net/10023/1632.

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This thesis reports on the economic analysis of trade secrets via data collected from prosecutions under the U.S. Economic Espionage Act (EEA.) Ratified in 1996, the EEA increases protection for trade secrets by criminalizing the theft of trade secrets. The empirical basis of the thesis is a unique database constructed using EEA prosecutions from 1996 to 2008. A critical and empirical analysis of these cases provides insight into the use of trade secrets. The increase in the criminal culpability of trade secret theft has important impacts on the use of trade secrets and the incentives for would-be thieves. A statistical analysis of the EEA data suggest that trade secrets are used primarily in manufacturing and construction. A cluster analysis suggests three broad categories of EEA cases based on the type of trade secret and the sector of the owner. A series of illustrative case studies demonstrates these clusters. A critical analysis of the damages valuations methods in trade secrets cases demonstrates the highly variable estimates of trade secrets. Given the criminal context of EEA cases, these valuation methods play an important role in sentencing and affect the incentives of the owners of trade secrets. The analysis of the lognormal distribution of the observed values is furthered by a statistical analysis of the EEA valuations, which suggests that the methods can result in very different estimates for the same trade secret. A regression analysis examines the determinants of trade secret intensity at the firm level. This econometric analysis suggests that trade secret intensity is negatively related to firm size. Collectively, this thesis presents an empirical analysis of trade secrets.
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Santos, Júlio César dos. "Propriedade intelectual com ênfase em trade secrets: criptologia e performance econômica." Universidade Federal do Espírito Santo, 2003. http://repositorio.ufes.br/handle/10/6003.

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Made available in DSpace on 2016-12-23T14:00:40Z (GMT). No. of bitstreams: 1 FACE.pdf: 89333 bytes, checksum: 9fe2d3791aae56820ee8b6646c8b46fd (MD5) Previous issue date: 2003-06-26
Coordenação de Aperfeiçoamento de Pessoal de Nível Superior
Trata-se de uma abordagem teórica sobre Propriedade Intelectual com ênfase em Trade Secrets como barreira à entrada. Os avanços em criptologia no campo da matemática podem vir a se somar aos esforços teóricos desenvolvidos em Microeconomia em Organização Industrial. Neste contexto, a criptologia é resgatada historicamente e são apresentadas suas principais funções na Propriedade Intelectual, em especial no Trade Secrets. Questiona-se aqui: Por que as empresas criptografam seus processos produtivos? A propriedade intelectual em especial os Trade Secrets tem desempenhado importante papel, enquanto barreira à entrada na economia contemporânea? Como a criptologia e seus respectivos desenvolvimentos na matemática podem contribuir para o fortalecimento do segredo industrial? Percebe-se que apesar da presença marcante da criptografia e dos bens incorpóreos na Economia Contemporânea, ainda são escassas as análises teóricas, os estudos de caso e os bancos de dados sobre Propriedade Intelectual e principalmente, sobre Trade Secrets. Contribui ao explicitar seus conceitos e alertar para a importância de intensificação de pesquisa científica sobre o tema possibilitando, dessa forma, uma melhor compreensão da dinâmica econômica empresarial na atualidade.
This work presents a theoretical approach on intellectual property with emphasis in trade secrets as entry barriers. Progress in cryptology in the field of the mathematics can be added to the theoretical efforts developed in microeconomics in industrial organization. In this context, cryptology is rescued historically and its main functions are presented in the intellectual property, especially in trade secrets. This research questions: Why do the firms cryptograph their productive processes? Has intellectual property, especially trade secrets, been playing an important role as a barrier to entry in the contemporary economy? How can cryptology and its respective developments in mathematics contribute to the strengthening of the industrial secret? It is noticed that in spite of the outstanding presence of cryptography and of the incorporeal goods in the contemporary economy, the theoretical analyses are still scarce, as are case studies and databases on intellectual property and mainly, on trade secrets. This research contributes to explication of its concepts and warns about the importance of intensification of scientific research on this topic, in order to reach a better understanding of managerial economical dynamics at the present time.
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Petroiu, Marius. "Forms of trade secret protection : a comparative analysis of the United States, Canada, the European Union and Romania." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99150.

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This thesis is as an attempt to overview the forms of trade secret protection presently in place in the United States, Canada, the European Union and Romania. These jurisdictions were selected because they present a diversity of legal background and a variety of forms of trade secret protection.
The introductory chapter deals with the historical and economic backgrounds of the trade secret protection. An overview of trade secret protection at international scale is also provided. The thesis compares the forms of trade secret protection available in each jurisdiction. Based on the survey, the thesis comes to an answer of the question of "What is the most appropriate form of trade secrets protection?".
The final chapter provides a number of conclusions and recommendations.
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Ansari, Dina. "The EC Essential Facilities Doctrine, the Microsoft Case and the Treatment of Trade Secrets." Thesis, Linköpings universitet, Institutionen för ekonomisk och industriell utveckling, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-52777.

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One of the main objectives of the European Community (EC) is to avoid the distortion of competition in the internal market. This aim is to be achieved through the application of the more detailed competition provisions in the EC Treaty, namely the Articles 81 and 82. Article 82 states that any abusive conduct of a dominant undertaking which may affect trade between Member States is prohibited. The European Court of Justice (ECJ) has, through a wide stream of judgements, set the frame for which conducts that may be considered as abusive. These judgements have also led to the development of the so called “essential facilities doctrine” in EC law, which concerns the grant of access to a facility or resource controlled by a dominant firm. The central concept of the essential facilities doctrine is that a dominant firm's refusal to provide access to something it owns or controls, to which the access for other firms is essential in order for them to provide products or services to customers, may be held as abusive and therefore also prohibited. This means that a dominant undertaking may have a duty to share its facilities – which it many times has developed during many years – with competitors. A broad application of the essential facilities doctrine could therefore risk removing incentives for research and innovation, as it would become less fruitful for undertakings to invest in such facilities. On the other hand, if the essential facility is a monopoly asset of a dominant undertaking, a non-application of the essential facilities doctrine could allow the undertaking to set abusively high access prices or to permanently exclude competition on the related market by refusing to share the facility. The essential facilities doctrine was first developed in cases where a dominant firm refused to supply a physical facility to other firms. In more recent cases, however, the European courts have also held a dominant firm's refusal to license intellectual property (IP) rights as infringing Article 82.6 The reason for such an approach has mainly been that exclusive rights, such as IP rights, give the right-holder a temporary monopolistic position and that a refusal to license therefore may lead to the elimination of all competition on the market as it will be impossible for competitors to enter that market without a license. Thus, in exceptional cases, the exercise of exclusive rights, in means of a refusal to license, has been prohibited by Article 82. One particular area of refusal to license concerns “interface information” within the information technology sector. Interface information is such information that providers of software need in order to create products which can operate with other programs and systems. This information is many times either protected by IP rights, such as patent or copyright, or kept as a non-patented know-how and thus only protected by its secret nature. In a recent judgement of the European Court of First Instance (CFI) Microsoft was held to infringe Article 82 by refusing to license secret interface information. This case is highly interesting not only because it may clarify the relation between EC competition law and IP rights in essential facilities cases, but also because of the way the CFI equalled secret information – know-how – with other IP rights in its judgement by stating that “… there is no reason why secret technology should enjoy a higher level of protection than, for example, technology which has necessarily been disclosed to the public by its inventor in a patent-application procedure.” As mentioned above, one of the main reasons for competition rules to interfere with exclusive rights is that such rights may give the owner a legally protected monopolistic position for a longer period and that it is feared that the exercise of exclusive rights may eliminate all competition in that area from the market. This is however not the case with trade secrets which, once they are revealed, cannot be protected from other's exploitation. One may therefore question if trade secrets in reality endanger competition to the same extent than IP rights.
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Soga, Kazumasa. "The legal protection of trade secrets in Japan : a comparative study of English and German law." Thesis, SOAS, University of London, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.395501.

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Kaushik, Arun Kumar <1987&gt. "A Law and Economics Analysis of Trade Secrets: Optimal Scope of Law, Misappropriation and Alternative Damages Regimes." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2015. http://amsdottorato.unibo.it/6831/.

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This thesis is primarily based on three core chapters, focused on the fundamental issues of trade secrets law. The goal of this thesis is to come up with policy recommendations to improve legal structure governing trade secrets. The focal points of this research are the following. What is the optimal scope of trade secrets law? How does it depend on the market characteristics such as degree of product differentiation between competing products? What factors need to be considered to balance the contradicting objectives of promoting innovation and knowledge diffusion? The second strand of this research focuses on the desirability of lost profits or unjust enrichment damage regimes in case of misappropriation of a trade secret. A comparison between these regimes is made and simple policy implications are extracted from the analysis. The last part of this research is an empirical analysis of a possible relationship between trade secrets sharing and misappropriation instances faced by firms.
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Books on the topic "Views on trade secrets"

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Coffee, John C. A third view of the cathedral: Property rules, liability rules and overcriminalization. Toronto: University of Toronto, Faculty of Law, Law and Economics Programme, 1989.

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Trade secrets. [Edmonton, Alta: The Institute, 1986.

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Neggers, Carla. Trade secrets. Toronto: Harlequin Books, 1987.

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Trade secrets. Des Moines, Iowa: Meredith Books, 2004.

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Neggers, Carla. Trade secrets. Richmond: Mills & Boon, 1988.

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Thomson, Maynard F. Trade secrets. New York: Pocket Books, 1993.

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Neggers, Carla. Trade secrets. London: Mills & Boon, 1988.

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Pooley, James. Trade secrets. New York, N.Y. (345 Park Ave. South, New York 10010): Law Journal Seminars-Press, 1997.

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Trade secrets. Shingletown, CA: M.V. Ziesing, 1990.

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Jager, Melvin F. Trade secrets law. New York, N.Y: C. Boardman, 1985.

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Book chapters on the topic "Views on trade secrets"

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Racherla, Uday S. "Trade Secrets." In Intellectual Assets for Engineers and Scientists, 207–19. First edition. | Boca Raton, FL: CRC Press/Taylor & Francis Group, 2019.: CRC Press, 2018. http://dx.doi.org/10.1201/9780429436918-7.

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Halt, Gerald B., John C. Donch, Amber R. Stiles, Lisa Jenkins VanLuvanee, Brandon R. Theiss, and Dana L. Blue. "Trade Secrets." In FDA and Intellectual Property Strategies for Medical Device Technologies, 179–88. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-04462-6_8.

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Halt, Gerald B., John C. Donch, Amber R. Stiles, and Robert Fesnak. "Trade Secrets." In Intellectual Property and Financing Strategies for Technology Startups, 143–52. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-49217-9_10.

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Wegner, Harold C. "Trade Secrets." In Patent Law in Biotechnology, Chemicals & Pharmaceuticals, 7–27. London: Palgrave Macmillan UK, 1992. http://dx.doi.org/10.1007/978-1-349-21958-2_2.

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Franzoni, Luigi Alberto. "Trade Secrets Law." In Encyclopedia of Law and Economics, 2066–69. New York, NY: Springer New York, 2019. http://dx.doi.org/10.1007/978-1-4614-7753-2_564.

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Franzoni, Luigi Alberto. "Trade Secrets Law." In Encyclopedia of Law and Economics, 1–4. New York, NY: Springer New York, 2016. http://dx.doi.org/10.1007/978-1-4614-7883-6_564-1.

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Franzoni, Luigi Alberto. "Trade Secrets Law." In Encyclopedia of Law and Economics, 1–4. New York, NY: Springer New York, 2021. http://dx.doi.org/10.1007/978-1-4614-7883-6_564-2.

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Aronoff, Janee, David Cross, Gavin Cromhout, and Colin Smith. "Selection Secrets." In Photoshop 7 Trade Secrets, 37–70. Berkeley, CA: Apress, 2002. http://dx.doi.org/10.1007/978-1-4302-5220-7_3.

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Hampson, Robert. "Trade Secrets: ‘Heart of Darkness’, The Inheritors." In Conrad's Secrets, 52–72. London: Palgrave Macmillan UK, 2012. http://dx.doi.org/10.1057/9781137264671_3.

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Aronoff, Janee, David Cross, Gavin Cromhout, and Colin Smith. "Welcome." In Photoshop 7 Trade Secrets, 1–4. Berkeley, CA: Apress, 2002. http://dx.doi.org/10.1007/978-1-4302-5220-7_1.

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Conference papers on the topic "Views on trade secrets"

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Leydier, Laurence. "Trade secrets of the violin masters." In ACM SIGGRAPH 98 Conference abstracts and applications. New York, New York, USA: ACM Press, 1998. http://dx.doi.org/10.1145/280953.289344.

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Leydier, Laurence. "Trade secrets of the violin masters." In ACM SIGGRAPH 98 Electronic art and animation catalog. New York, New York, USA: ACM Press, 1998. http://dx.doi.org/10.1145/281388.282015.

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Acher, Mathieu, Guillaume Bécan, Benoit Combemale, Benoit Baudry, and Jean-Marc Jézéquel. "Product lines can jeopardize their trade secrets." In ESEC/FSE'15: Joint Meeting of the European Software Engineering Conference and the ACM SIGSOFT Symposium on the Foundations of Software Engineering. New York, NY, USA: ACM, 2015. http://dx.doi.org/10.1145/2786805.2803210.

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Rissland, E. L., and K. D. Ashley. "A case-based system for trade secrets law." In the first international conference. New York, New York, USA: ACM Press, 1987. http://dx.doi.org/10.1145/41735.41743.

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Andreeva, Elena. "SUBSTANTIVE AND PROCEDURAL CRIMINAL LAW PROTECTION OF TRADE SECRETS." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.303.

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The article considers the essence of criminal aspects of the protection of trade secrets. The article comprises the following issues: Protection of trade secrets according to criminal substantive law; Protection of trade secrets according to criminal procedural law; Comparative legal research;
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Setiawan, Andry, and Dewi Sulistianingsih. "Trade Secrets in Indonesia: How Can We Protect Them?" In 1st International Conference on Indonesian Legal Studies (ICILS 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/icils-18.2018.27.

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Birstonas, Ramunas, Vadim Mantrov, Gaabriel Tavits, and Aleksei Kelli. "Implementation of Trade Secrets Directive in Baltic States: A Step towards Partial Harmonisation." In The 7th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia, 2020. http://dx.doi.org/10.22364/iscflul.7.2.28.

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Kipriyanov, Vladislav, and Elnur Baharov. "LEGAL PROTECTION OF “KNOW-HOW” IN certain FOREIGN COUNTRIES." In Current problems of jurisprudence. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02058-6/174-181.

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The article considers approaches to understanding “know-how” in certain foreign countries. The provisions of international documents regulating production secrets are described. The author describes several theories of understanding trade secrets, considers some features of the protection of production secrets in the United States, France, and Switzerland. It is concluded that the legal protection of “know-how” in the EU countries is very effective, and the legislation of these countries regulating this issue is quite developed. The legal norms meet all the criteria established by the World Intellectual Property Organization.
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Vorsina, S. K., and M. S. Balcerzak. "THE PRACTICE OF PROTECTION OF TRADE SECRETS IN ECONOMIC SECURITY ON THE EXAMPLE OF JSC ROSBANK." In RUSSIA AND CHINA: A VECTOR OF DEVELOPMENT. Amur State University, 2020. http://dx.doi.org/10.22250/rc.2019.2.75.

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Rasnačs, Lauris. "Potential Improvements in the Laws of the Republic of Latvia Concerning the Protection of the Trade Secrets." In The 7th International Scientific Conference of the Faculty of Law of the University of Latvia. LU Akadēmiskais apgāds, 2019. http://dx.doi.org/10.22364/iscflul.7.17.

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Reports on the topic "Views on trade secrets"

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Baldwin, Robert. Are Economists' Traditional Trade Policy Views Still Valid? Cambridge, MA: National Bureau of Economic Research, July 1991. http://dx.doi.org/10.3386/w3793.

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Peelle, E. Biomass stakeholder views and concerns: Environmental groups and some trade association. Office of Scientific and Technical Information (OSTI), January 2000. http://dx.doi.org/10.2172/752982.

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Mdoe, Ntengua S. Y., and Glead I. Mlay. Agricultural Commercialisation and the Political Economy of Value Chains: Tanzania Rice Case Study. Institute of Development Studies (IDS), March 2021. http://dx.doi.org/10.19088/apra.2021.011.

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This paper presents the political economy of rice commercialisation in Tanzania. It is based on a review of trade policies, regulations, strategies, and programmes implemented since the 1960s to promote rice commercialisation, and the views of key informants. Key findings that emerge from the review of literature and key informant interviews indicate that the performance of the value chain over time has been negatively affected by the combined effects of the policies, regulations, strategies, and programmes implemented concurrently.
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Шпинев, Ю. С. Давид Рикардо об инвестициях. DOI CODE, 2020. http://dx.doi.org/10.18411/1311-1972-2020-00024.

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The article examines the views of one of the founders of classical economics, David Ricardo, on the issues of investment, capital and profit. The need for this study is caused by the lack of a single definition of investment in the regulatory acts of investment legislation, as well as in the scientific community. Thus, there is a problem of regulatory regulation of one of the most important concepts of the economy. Given that the concepts of investment, capital, and capital investment are primarily economic categories, it seems quite reasonable to consider the emergence and development of these concepts in the retrospect of economic theories, in order to understand the essence of the phenomenon and finally solve the issue of its legal regulation. The scientific novelty of the study is that despite a large number of works on the work of David Ricardo «The Beginnings of Political Economy and Taxation», no special work was carried out on the contribution of the great economist to the theory of investment. Conclusions. The main achievements of Ricardo in the field of capital and investment include the author's definitions of capital, free capital, the creation of a theory of comparative advantages of trade, the division of capital into fixed and circulating capital depending on strength, as well as the description of the reasons that stimulate and hinder foreign investment.
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