Guide To Protecting And Litigating Trade Secrets

This book focuses on several large jurisdictions in which trade secret cases are heavily litigated to illustrate the concepts, but the analysis also includes other jurisdictions to demonstrate the differing approaches to the treatment of trade secrets. The book also draws on current, real-life examples of trade secret nightmares and the litigation experience of its primary authors to provide practical advice to the business owner, small legal department or firm, and solo practitioner.

"This book is intended to help business executives and in-house counsel take control of and protect what may be their businesses' most valuable assets-their trade secrets"--

Trade Secrets provides not only a general overview of the governing laws and leading cases, but also practical advice and case citations for a host of situations.

"This book is intended to help business executives and in-house counsel take control of and protect what may be their businesses' most valuable assets-their trade secrets"--

"Although many companies have processes in place to patent or copyright new inventions or expressions of ideas, few give significant thought to the practicalities of protecting their trade secrets ... until the question of misappropriation arises. In this practical guide, Chris Scott Graham, a trial lawyer who has handled dozens of trade secret cases over more than twenty-five years in practice, illustrates the questions of identification, protection, and valuation of trade secrets considered by executives, boards of directors, and general counsel faced with litigation. In addition to the legal issues, Graham describes the many practical considerations at play in evaluating the business risk of potential strategies, and he explains the steps counsel must take to educate the client (and its employees) on how to adequately protect trade secrets to avoid litigation in the future. The book focuses on the many practical aspects of protecting trade secrets and litigating trade secret cases, and discusses the realistic issues trade secret practitioners will likely encounter"--Cover.

The law of trade secrets is one of the most important and fastest developing areas of intellectual property, but is by far the least harmonised internationally. Indeed, the protection of trade secrets was not mandated by any international treaty until the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights, which nonetheless left countries with significant latitude as to how they should implement such obligations. Since the last edition the EU Trade Secrets Directive has had the effect of establishing minimum levels of protection in the Member States of the EEA, but major differences of approach still remain, and the Directive has neither achieved total harmonisation under the civil law nor had any effect on the protection of trade secrets by means of the criminal law. The wide variety of approaches to the protection of trade secrets internationally betrays the murky legal origins of such protection. Are they protected by civil actions, in the criminal courts, or both? And from the point of view of the civil courts, is their protection effected under unfair competition law, as seen in many civil law countries, or is it based instead on some implied contract, fiduciary or other equitable obligation theory, as seen in common law countries?Edited by leading IP practitioner Trevor Cook, this important title demystifies the law of trade secrets in over 30 jurisdictions, covering substantive and procedural aspects of both criminal and civil law and exploring the final remedies available under each. Designed to provide clear, comprehensive and practical guidance, this is a powerful tool for anyone requiring a broader and fuller understanding of trade secret protection globally.

A 26-chapter treatise that explains the fundamentals and intricacies of trade secret law under the federal Defend Trade Secrets Act (DTSA) and the California Uniform Trade Secret Act (CUTSA).