Trade Secret Protection : Asia at a Crossroads.

Format:

Book

Author/Creator:

Liu, Kung-Chung.

Contributor:

Hilty, Reto M.

Language:

English

Subjects (All):

Trade secrets.

Law--Asia.

Law.

Physical Description:

1 online resource (452 pages)

Edition:

1st ed.

Other Title:

Trade Secret Protection

Place of Publication:

Alphen aan den Rijn : Wolters Kluwer Law International, 2021.

Summary:

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); andcriminal 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.

Contents:

Half-Title Page

Title Page

Copyright Page

Editors

Contributors

Summary of Contents

Table of Contents

Introduction

Part I Asian Civil Law Jurisdictions with No Sui Generis Law

Chapter 1 Japan

Overview and Summary

1. Related Legal System

2. Definitions and Requirements of Trade Secrets

2.1. Definition

2.2. Requirement (1): Usefulness

2.3. Requirement (2): Being Kept Secret

2.4. Requirement (3): Being Not Publicly Known

3. Types of Acts of Unfair Competition Related to Trade Secrets

3.1. Overview

3.2. Wrongful Acquisition of Trade Secrets and Subsequent Unauthorized Use or Disclosure

3.2.1. Wrongful Acquisition and Subsequent Use or Disclosure (Article 2(1), Item (iv))

3.2.2. Acquisition and Use or Disclosure of Wrongfully Acquired Trade Secrets (Article 2(1), Items (v) and (vi))

3.3. Unauthorized Use of Legitimately Acquired Trade Secrets

3.3.1. Unauthorized Use or Disclosure (Article 2(1), Item (vii))

3.3.2. Acquisition and Use or Disclosure of Wrongfully Disclosed Trade Secrets (Article 2(1)(viii) and (ix))

3.4. Distribution of Things Created by Unauthorized Use of Technical Secrets (Article 2(1)(x))

3.5. Exclusion from Application

4. Civil Remedies

4.1. Injunction

4.2. Damages Generated by AI.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

9789403531052

9403531053

9789403531045

9403531045

OCLC:

1268114509