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Author: Magdalena Kolasa Publisher: Cambridge University Press ISBN: 1108335926 Category : Law Languages : en Pages : 411
Book Description
In the increasingly knowledge- and innovation-based economy in which the mobility of the workforce is vital, employees and ex-employees are considered to be one of the biggest threats to the existence of trade secrets. The interests of the former parties to the employment relationship are contradictory: employers want to safeguard their competitive position by limiting use of information, and employees want to use that information to pursue their professional career. Magdalena Kolasa analyses existing guidelines that determine the extent to which former employees may use information learned during service. She proposes criteria for a balanced enforcement of trade secrets, discussing the statutory and implicit confidentiality duties, contractual protection, and remedies. Drawing from the laws of Germany, UK, and USA, and considering the EU Trade Secrets Directive, this book advocates an approach which recognises the value and functions of trade secrecy both within companies and in the context of public policy.
Author: Magdalena Kolasa Publisher: Cambridge University Press ISBN: 1108335926 Category : Law Languages : en Pages : 411
Book Description
In the increasingly knowledge- and innovation-based economy in which the mobility of the workforce is vital, employees and ex-employees are considered to be one of the biggest threats to the existence of trade secrets. The interests of the former parties to the employment relationship are contradictory: employers want to safeguard their competitive position by limiting use of information, and employees want to use that information to pursue their professional career. Magdalena Kolasa analyses existing guidelines that determine the extent to which former employees may use information learned during service. She proposes criteria for a balanced enforcement of trade secrets, discussing the statutory and implicit confidentiality duties, contractual protection, and remedies. Drawing from the laws of Germany, UK, and USA, and considering the EU Trade Secrets Directive, this book advocates an approach which recognises the value and functions of trade secrecy both within companies and in the context of public policy.
Author: Magdalena Kolasa Publisher: ISBN: 9781108439565 Category : LAW Languages : en Pages :
Book Description
Machine generated contents note: Introduction; 1. Conflict of interests: confidentiality, mobility of employees and innovation policy; 2. Concept of trade secrets; 3. Trade secret, employee's skill and knowledge or public domain information: where to draw the line?; 4. Contractual freedom to regulate use of trade secrets after termination of employment; 5. Remedies
Author: Jens Schovsbo Publisher: Edward Elgar Publishing ISBN: 1788973348 Category : Law Languages : en Pages : 352
Book Description
This book addresses the growing importance of trade secrets in today's society and business and the related increase in litigation, media and scholarly attention, using the new EU Trade Secrets Directive as a prism through which to discuss the complex legal issues involved. Written by a team of international experts, it discusses and analyses national implementation of the Directive and explores the effects of the new regime on contentious issues and crucial sectors such as big data and AI.
Author: Christopher Heath Publisher: Kluwer Law International B.V. ISBN: 9041183809 Category : Law Languages : en Pages : 370
Book Description
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.
Author: Lynda J. Oswald Publisher: Edward Elgar Publishing ISBN: 1783479264 Category : Law Languages : en Pages : 320
Book Description
The explosion in intellectual capital coincides with a growing understanding of the importance of human capital to the firm. This book examines the pressing legal issues that arise at the intersections of intellectual property law, employment law, and
Author: Bruun, Niklas Publisher: Edward Elgar Publishing ISBN: 1782547258 Category : Law Languages : en Pages : 424
Book Description
This comprehensive Research Handbook explores the rights of employers and employees with regard to intellectual property (IP) created within the framework of the employment relationship. Investigating the development of employee IP from a comparative perspective, it contextualises issues in the light of theoretical approaches in both IP law and labour law.
Author: Elizabeth A Rowe Publisher: Edward Elgar Publishing ISBN: 1782540784 Category : Law Languages : en Pages : 352
Book Description
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
Author: Orly Lobel Publisher: Yale University Press ISBN: 0300166273 Category : Business & Economics Languages : en Pages : 290
Book Description
Presents a set of positive changes in corporate strategies, industry norms, regional policies, and national laws that will incentivize talent flow, creativity, and growth.
Author: Magdalena Kolasa
Author: Magdalena Kolasa
Author: Magdalena Kolasa
Author: Magdalena Kolasa
Author: Jens Schovsbo
Author: Christopher Heath
Author: Lynda J. Oswald
Author: 
Author: Bruun, Niklas
Author: Elizabeth A Rowe
Author: Orly Lobel