Download or read book Trade Secrets and Employee Mobility written by Magdalena Kolasa and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Trade Secrets and Employee Mobility written by Magdalena Kolasa and published by Cambridge University Press. This book was released on 2018-02-08 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative analysis of trade secrets enforcement against ex-employees in the EU and USA, aimed at legislators and practitioners.

Download or read book Skill Or Secret The Line Between Trade Secrets and Employee General Skills and Knowledge written by Kurt M. Saunders and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As agents, employees owe a duty of loyalty and confidentiality to their current and former employers not to use or disclose proprietary confidential information, which can be protected as a trade secret. Nevertheless, former employees are free to use general knowledge, skills, and experience acquired on the job without incurring liability for trade secret misappropriation. This rule is tied to the need to protect competition and employee mobility. However, the line between employer trade secrets and employee general knowledge and skills acquired during employment is not always clear and the courts have not always been consistent in differentiating between the two. This article details the results of a study to explore the factors relied upon by courts in reaching their determinations.

Download or read book Data Mobility at the Intersection of Data Trade Secret Protection and the Mobility of Employees in the Digital Economy written by Gintare Surblyte and published by . This book was released on 2016 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: The technological tools that are available in the digital economy have expanded the possibilities of private companies to collect online data. In fact, many business models online depend on the processing of data. Yet, the myriads of data flowing on the Internet first of all raise the need to categorize different types of data (e.g. personal v. non-personal). The latter is important not only for clarifying the (optimal) scope of their legal protection, but also for the intersection of data and trade secrets. The relationship between data and trade secret protection may, in particular, be relevant in the digital multi-sided platforms, the functioning of which is based on the flow of data. An increased use of social media for business purposes has sharpened the issue of access to data between employers and employees. In fact, the disputes over access to data as regards social media accounts in case of a departing employee have arisen on both sides of the Atlantic. Often such access has been claimed on the basis of trade secret protection. Yet, the question, which needs to be analyzed deeper, is whether access to data as regards social media accounts in the employment or post-employment context is related to trade secret law only. Possibly, the solutions for solving the problem of access to data in such multi-sided platforms, as social media, in case of a departing employee could be searched for in the framework of labour law.

Download or read book The Harmonization and Protection of Trade Secrets in the EU written by Jens Schovsbo and published by Edward Elgar Publishing. This book was released on 2020-07-31 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Debating Employee Non Competes and Trade Secrets written by Sharon K. Sandeen and published by . This book was released on 2019 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recently, a cacophony of concerns have been raised about the propriety of noncompetition agreements (NCAs) entered into between employers and employees, fueled by media reports of agreements which attempt to restrain low-wage and low-skilled workers, such as sandwich makers and dog walkers. In the lead-up to the passage of the federal Defend Trade Secrets Act of 2016 (DTSA), public policy arguments in favor of employee mobility were strongly advocated by those representing the “California view” on the enforceability of NCAs, leading to a special provision of the DTSA which limits injunctive relief with respect to employee NCAs. Through our lens as trade secret scholars, we have decided to enter the fray and present this Article to explore both the values and detriments of NCAs, each taking sides in the debate and providing relevant information about the different approaches to the enforceability of these agreements. Finally, we come together to suggest a more nuanced middle-ground to encourage courts to engage in a more robust analysis that focuses on both the legitimate business interest to be protected by the NCA and reasonableness in the scope of the agreement. To that end, we recommend consideration of six questions to help guide courts in achieving a more equitable and balanced outcome to protect the interests of employers and employees.

Download or read book Smith V Dravo Corp written by and published by . This book was released on 1953 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Managing the Risk of Trade Secret Loss Due to Job Mobility in an Innovation Economy with the Theory of Inevitable Disclosure written by Margo E. K. Reder and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment relationships in the internet and technology sectors are highly dynamic with change and churn as the norm. Employees are now knowledge workers: highly educated, mobile, often with multiple cultural links, possibly exceeding other company assets in their comparable institutional value. These employees create the intangible intellectual property that now constitutes more than three-fourths of the assets in knowledge businesses whose main value derives from innovation, know-how, brand and reputation. This article focuses on the ever-more valuable trade secrets and how job mobility impacts trade secret protection. Employers have few options when confronting the loss of key employees who are closely associated with those trade secrets. This article examines the controversial theory of inevitable disclosure - that use or disclosure of the former employer's trade secrets is inevitable and therefore actionable, despite the fact that there is no evidence of actual misappropriation. Some states have adopted this theory, while others steadfastly refuse to, and this has created notable differences in employment patterns, job mobility, innovation and more. Courts consider this theory on motions for equitable relief but the outcomes are usually anything but equitable. To the extent courts adopt this theory, departing employees become unemployed and unemployable, the new employers are negatively impacted, and further the effects to the general public are felt in the rate of innovation, and in regional development such as where it is that jobs are created. Remedies and procedural issues are of critical importance too, because these cases predictably involve a series of pre-trial motions including requests for temporary restraining orders and preliminary injunctions. Further challenges immediately arise related to jurisdiction, forum, venue and conflict of laws since trade secret law is the only form of intellectual property still largely governed by states and the differences are pronounced, important, often outcome-determinative. The authors present a series of representative inevitable disclosure cases as a means to highlight the differences and tangle of relative equities. To the extent courts expand trade secret protections to broadly adopt the inevitable disclosure doctrine at the pre-trial stage before a full trial on the merits, courts hazard overprotecting employers to the detriment of departing employees, innovation and the general public. The authors propose alternative approaches to protect against trades secret loss including use of forfeiture for competition agreements along with improved employee incentive and retention strategies. We further suggest that this is part of the creative destruction process and employers should consider the possibility that these departing employees may actually be leads to new opportunities and sectors that are worthy of consideration.

Download or read book Managing the Legal Nexus Between Intellectual Property and Employees written by Lynda J. Oswald and published by Edward Elgar Publishing. This book was released on 2015-06-29 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Intellectual Property Justifications for Restricting Employee Mobility written by Alan Hyde and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal impediments to labor market mobility, such as enforcement of restrictive covenants and trade secrets law, have only recently come under careful economic scrutiny. So far, there are no provable social gains in enforcing noncompete covenants. Studies have made empirical comparisons between enforcing and nonenforcing states, some horizontal comparisons, some comparing a jurisdiction before and after legal change. These invariably show the social advantages of not enforcing noncompetes. States that do not enforce noncompetes have more startups, venture capital, growth, investment in human capital, and patenting. The last finding is crucial since courts often accept the unsupported argument that enforcing noncompetes gives employers incentives to train employees and make other investments in human capital. Enforcing noncompetes also creates social waste of employee talents, as most affected employees are unable to work in their areas of expertise. Economic models of contracts to impede employee mobility are highly responsive to their assumptions, but the dominant approach shows that employers and employees can negotiate efficient allocation of intellectual property on the employee's departure, even if the employer has no ex ante intellectual property rights. The old employer simply outbids rivals. The time has come for law to join those states refusing to enforce restrictive covenants, and to restrict employer claims that departing employees will disclose trade secrets.

Download or read book Research Handbook on Intellectual Property and Employment Law written by Bruun, Niklas and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 368 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

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.

Download or read book The Internet and the Emerging Importance of New Forms of Intellectual Property written by Susy Frankel and published by Kluwer Law International B.V.. This book was released on 2016-05-01 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term ‘intellectual property’ has come to include numerous intangible rights beyond the traditional ‘Big Three’ (patent, trademark and copyright) – rights that force us to reconsider and maybe also change the object and purpose of intellectual property (IP). Not only do these rights generally have less solid normative footing and few if any well understood inherent limits, but the borders of their misappropriation are hard to draw. This groundbreaking book scrutinizes the existence of commonalities in this realm, and poses the question of what risks and advantages accrue to such IP or ‘IP-like’ rights. Sixteen distinguished contributors offer in-depth analyses of such rights as the following: - trade secrets; - image and publicity rights; - geographical indications; - traditional knowledge; - protection of databases; and - sports rights and ambush marketing. Recommendations and solutions investigated include the use of specialized courts or judges and of private standards. There are also thoughtful considerations of practices such as forum-shifting and an analysis of the special value of evolving Chinese law as a ‘norm laboratory’. Two chapters discuss the complexities of enforcement. Enforcement impacts substantive intellectual property and can be said to be its own ‘form’ of IP. Practitioners, judges, academics, and policymakers will all welcome this work and value it highly. Its contributors collectively take a giant step toward clarifying and synthesizing one of the most baffling areas of current law both internationally and at national level around the globe.

Download or read book Talent Wants to Be Free written by Orly Lobel and published by Yale University Press. This book was released on 2013-09-30 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a set of positive changes in corporate strategies, industry norms, regional policies, and national laws that will incentivize talent flow, creativity, and growth.

Download or read book Information Asymmetry and the Inefficiency of Informal IP Strategies Within Employment Relationships written by Runhua Wang and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employee mobility and betrayal increase the risks of disclosing unpublished technical information. This study builds a theoretical foundation for the loss of unpublished technical information regarding human capital. It analyzes the inefficiency of informal intellectual property (“IP”) strategies, which include non-disclosure agreements (“NDAs”), covenants not to compete (“CNCs”), and trade secrets, from the maximum probable loss approach. It bridges the legal literature and the economics literature by emphasizing and explaining the information asymmetries in employment relationships regarding the informal IP strategies. NDAs need to be supplemented by CNCs or trade secret law. Enforceable CNCs and trade secrets have a reward function, but trade secrets are more efficient in informal IP management and innovation. Beyond the legal risks imposed by informal IP, companies should actively improve employee loyalty and their security culture through employee management.

Download or read book Trade Secret Precautions Possession and Notice written by Deepa Varadarajan and published by . This book was released on 2016 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: To obtain trade secret protection, a firm must take reasonable secrecy precautions (RSP) to guard the confidentiality of claimed information. The RSP requirement has long puzzled courts and scholars. In other areas of property and intellectual property law, such self-help is not a prerequisite for legal rights. Landowners, for example, do not have to fence their property as a condition of ownership. Requiring claimants to take secrecy precautions also seems to contradict trade secret law's underlying rationales of promoting innovation and information-sharing. Existing scholarship fails to provide a convincing justification for the requirement or explain how it advances the policy concerns animating trade secret law.This Article demonstrates that traditional property law's “possession” doctrine can provide a useful lens for understanding the RSP requirement. In property law, affirmative acts of possession lead to ownership because they notify a relevant audience about claims to property. Drawing insights from possession doctrine, this Article argues that the primary purpose of the RSP requirement should be to notify a relevant audience (i.e., employees and other business partners) about the existence and boundaries of claimed trade secrets and thus reduce information costs for that audience. Requiring trade secret owners to provide clearer ex ante notice promotes follow-on innovation and employee mobility, concerns that are important to trade secret law. Accordingly, this Article suggests areas of reform in courts' RSP analysis to enhance the requirement's notice function.