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The Law and Theory of Trade Secrecy: A Handbook of Contemporary Research

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Edited by: Rochelle C. Dreyfuss, Katherine J. Strandburg

ISBN13: 9781847208996
Published: July 2011
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £181.00
Paperback edition , ISBN13 9780857932716



Despatched in 5 to 7 days.

This timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships.

The editors introduce the long tradition of trade secrecy protection and its emerging importance as a focus of scholarly inquiry. The book then presents theoretical, doctrinal, and comparative considerations of the foundations of trade secrecy, before moving on to study the impact of trade secrecy regimes on innovation and on other social values. Coverage includes topics such as sharing norms, expressive interests, culture, politics, competition, health, and the environment. This important Handbook offers the first modern exploration of trade secrecy law and will strongly appeal to intellectual property academics, and to students and lawyers practicing in the intellectual property area. Professors in competition law, constitutional law and environmental law will also find much to interest them in this book, as will innovation theorists.

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Subjects:
Intellectual Property Law, Commercial Law
Contents:
I: FOUNDATIONS
1. Trade Secrecy in Willy Wonka's Chocolate Factory Jeanne Fromer
2. The Restatements, The Uniform Act, and the Status of American Trade Secrecy Law Robert Denicola
3. Trade Secrecy, Innovation, and the Requirement of Reasonable Secrecy Precautions Robert Bone
4. Trade Secrecy and Common Law Confidentiality: The Problem of Multiple Regimes Charles Tait Graves
5. The Surprising Virtues of Treating Trade Secrets as IP Rights Mark Lemley
6. Trade Secrets as Intellectual Property Rights - A Disgraceful Upgrading: Notes on an Italian 'Reform' Gustavo Ghidini and Valeria Falce
7. Trade Secret Law and Information Development Incentives Michael Risch

PART II: SECRECY AND SHARING
8. How Trade Secret Law Generates a Natural Semicommons of Innovative Know-How Jerome Reichman
9. Open Innovation and the Private-Collective Model for Innovation Incentives Eric von Hippel
10. Open Secrets Michael Madison
11. Uncorking Trade Secrets: Sparking the Interaction between Trade Secrecy and Open Biotechnology Geertrui Van Overwalle ;
PART III: IMPACT ON OTHER PUBLIC POLICY ARENAS
12. First Amendment Defenses in Trade Secrecy Cases Pamela Samuelson
13. Trade Secrets and the 'Philosophy' of Copyright: A Case of Culture Crash Diane Zimmerman
14. Trade Secrets and Antitrust Law Harry First
15. The Troubling Consequences of Trade Secret Protection of Search Engine Rankings Frank Pasquale
16. The Impact Of Trade Secrecy on Public Transparency David Levine
17. Trade Secrets and Information Access in Environmental Law Mary Lyndon
18. Data Secrecy in the Age of Regulatory Exclusivity Rebecca Eisenberg

PART IV: INTERNATIONAL ISSUES
19. Trade Secrets and Traditional Knowledge: Strengthening International Protection of Indigenous Innovation Doris Long
20. The Limits Of Trade Secret Law: Article 39 of the TRIPS Agreement and the Uniform Trade Secrets Act on which it is Based Sharon Sandeen
21. Test Data Protection: Rights Conferred Under the TRIPS Agreement and Some Effects of TRIPS-Plus Standards Carlos Correa Index