The Legal Protection of Trade Secrets places trade secrets firmly in the context of intellectual property rights and commerce, and considers the complex web of law and policy underlying any decision to protect confidential information from unauthorized disclosure. It considers the position from both the situation of the employer and the employee.
There is comparative analysis of both the civil and criminal laws of a number of jurisdictions: England and Wales, the United States of America and at proposals to reform the laws of Canada. It also looks at German, French, Swiss and Japanese laws.
Much of the case law considered has arisen from the conflict of interest between employers who want to protect as much information as possible, and former employees who want to be as free to use all that information in the course of their new jobs and businesses.
Table of ContentsWhat is a trade secret?
the Obligation of Confidence
employees and independent contractors
public interest in disclosures
trade secrets acquired by improper means
trade secrets and the criminal law. Appendices: Uniform Trade Secrets Act (USA)
Uniform Trade Secrets Act (Canada)
Draft Criminal Code Provisions (Canada)
Law Commission Draft Breach of Confidence Bill (England and Wales).