| 书目名称 | Trade Secrets Legal Protection | | 副标题 | From a Comparative A | | 编辑 | Luc Desaunettes-Barbero | | 视频video | | | 概述 | Provides a comprehensive comparative analysis of the US and EU systems of trade secret legal protection.Brings a new layer to the IP theory: the ‘relative’ exclusive rights.Proposes a model based on t | | 丛书名称 | Munich Studies on Innovation and Competition | | 图书封面 |  | | 描述 | Despite the economic relevance of trade secrets, their legal protection is not based on a robust theoretical corpus, and a large uncertainty remains regarding how they should be legally apprehended. The present book investigates the foundations of their legal protection by assessing its justifications and aims to define how this legal apprehension should be organized..The book starts with a comparative analysis of the US and the EU legal frameworks. It demonstrates the parentship existing between the two systems of protection and highlights that the incremental structuring of trade secrets protection has led to legal systems lacking broad-based conceptual foundations. In both legal orders, trade secrets rely on blurred protection, formally anchored in unfair competition, the strength of which, however, comes closer to that offered by intellectual property law. In this convoluted architecture, the judiciary is required to play a decisive role,especially at the enforcement stage. However, the absence of clarity concerning the telos of trade secrets protection leads to legal uncertainty, potentially incoherent enforcement, and, all in all, to inefficient outcomes from a welfare perspe | | 出版日期 | Book 2023 | | 关键词 | Trade Secrets; Intellectual Property; Unfair competition; Secret Sphere; Justification; Comparative law; U | | 版次 | 1 | | doi | https://doi.org/10.1007/978-3-031-26786-4 | | isbn_softcover | 978-3-031-26788-8 | | isbn_ebook | 978-3-031-26786-4Series ISSN 2199-7462 Series E-ISSN 2199-7470 | | issn_series | 2199-7462 | | copyright | The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerl |
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