Federal Issues in Trade Secret Law
In: Suffolk University Journal of High Technology Law, Band 2, S. 1
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In: Suffolk University Journal of High Technology Law, Band 2, S. 1
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In: Housing, care and support, Band 10, Heft 4, S. 2-3
ISSN: 2042-8375
In: SMU Science and Technology Law Review, Band 20, Heft 2
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In: in Florian Martin-Bariteau & Teresa Scassa, eds., Artificial Intelligence and the Law in Canada (Toronto: LexisNexis Canada, 2021)
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Trade secrets in a business activity must be kept confidential by either the licensee or the person receiving the license. Producing a product for business continuity is not an easy thing. Research and experiments are repeatedly done to achieve the desired thing to run the business. The problem is that if a product is successful and widely used by the public, then the problem arises that many people want to imitate or steal the product to achieve personal gain, without permission or legal procedure applicable to use the trademark of the concerned owner of the trade secret license . Settlement of the case can be done by way of consensus or through the court. In principle how the licensee can be legal protection from the government, so its business sustainability can be run in the presence of legal protection. ; peer-reviewed
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In: International review of intellectual property and competition law: IIC, Band 55, Heft 3, S. 368-393
ISSN: 2195-0237
AbstractAutomated systems collect vast amounts of data, which could be utilized across various business sectors. The EU has recognized their potential for the data economy. To exploit such potential, there is a need to provide access to data. For example, the objective of the EU's Data Act is to provide new possibilities for accessing and reusing information. Some information exchanged may be subject to trade secret protection. However, specific characteristics of trade secret protection create difficulties for information sharing. In essence, trade secret protection requires that information should be kept secret, or at least relatively secret. This requirement contributes to the reluctance of trade secret holders to share their information. They would rather lock it down. That is because, if the information becomes generally known in industry circles, it will lose its trade secret status along with any related competitive advantage. At the same time, trade secret protection leaves considerable room for competition, which arguably makes it suited to the data economy. A trade secret is not an exclusive right, which means that competitors may independently create similar information. Access to information through reverse engineering is also allowed. All these specific characteristics make trade secret protection an uncertain means of protection. This article will elaborate on how the uncertainties and specifics related to trade secret protection create a conflict between demand for access to information and the protection of trade secrets. It will analyze how the provisions of the Data Act aim to accommodate the protection of trade secrets while simultaneously mandating access.
In: C Geiger (ed) Research Handbook on Human Rights and Intellectual Property (Edward Elgar, 2015), ch 22, pp. 421-437
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In: Ohio State Law Journal, Band 74, Heft 4
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In: CIGI Paper 253. Waterloo: Centre for International Governance Innovation.
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