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Trade Secrets and Employee Mobility
In Search of an Equilibrium

Volume 44

$125.00 (C)

Part of Cambridge Intellectual Property and Information Law

  • Date Published: March 2018
  • availability: In stock
  • format: Hardback
  • isbn: 9781108424226

$ 125.00 (C)
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About the Authors
  • In the increasingly knowledge- and innovation-based economy in which the mobility of the workforce is vital, employees and ex-employees are considered to be one of the biggest threats to the existence of trade secrets. The interests of the former parties to the employment relationship are contradictory: employers want to safeguard their competitive position by limiting use of information, and employees want to use that information to pursue their professional career. Magdalena Kolasa analyses existing guidelines that determine the extent to which former employees may use information learned during service. She proposes criteria for a balanced enforcement of trade secrets, discussing the statutory and implicit confidentiality duties, contractual protection, and remedies. Drawing from the laws of Germany, UK, and USA, and considering the EU Trade Secrets Directive, this book advocates an approach which recognises the value and functions of trade secrecy both within companies and in the context of public policy.

    • Contributes to an important field of law neglected in legal research
    • Presents a comparative analysis of major developments in Europe (EU Trade Secrets Directive) and the USA (Defend Trade Secrets Act)
    • Discusses a large number of court decisions and various scenarios to inform those practising in the field as well as legislators
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    Product details

    • Date Published: March 2018
    • format: Hardback
    • isbn: 9781108424226
    • length: 408 pages
    • dimensions: 235 x 158 x 25 mm
    • weight: 0.69kg
    • availability: In stock
  • Table of Contents

    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.

  • Author

    Magdalena Kolasa
    Magdalena Kolasa specialises in the law of intellectual property. Having worked for several years in private practice she conducted her doctoral research in the area of trade secrets at the Max Planck Institute for Innovation and Competition. She currently works as lawyer in the European Patent Office.

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