Interstate Trade Secrets? A Principled Framework for Identifying Federal Trade Secrets

Download Interstate Trade Secrets? A Principled Framework for Identifying Federal Trade Secrets PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : 61 pages
Book Rating : 4.:/5 (13 download)

DOWNLOAD NOW!


Book Synopsis Interstate Trade Secrets? A Principled Framework for Identifying Federal Trade Secrets by : Conor Tucker

Download or read book Interstate Trade Secrets? A Principled Framework for Identifying Federal Trade Secrets written by Conor Tucker and published by . This book was released on 2017 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Defend Trade Secrets Act of 2016 (DTSA) greatly expanded federal intellectual property law to include trade secrets. But the scope of the DTSA is not certain. Unlike Patent and Copyright, there is no independent constitutional basis for congressional legislation of trade secrets. Like Trademarks, federal Trade Secrets are regulated under the Commerce Clause. However, unlike the Trademarks--which are regulated to the broadest extent of the congressional commerce power--Trade Secrets are regulated under a limited exercise of federal commerce power. In other words, the DTSA only federalizes certain trade secrets. Interpretation of the jurisdictional element is the key judicial dilemma of the DTSA's early years, and this paper provides a principled interpretation of the DTSA's jurisdictional element. The element imposes two requirements on plaintiff's trade secrets: (1) that the trade secret closely relates to a product or service and (2) that the product or service actually flows in interstate commerce. The jurisdictional element, creates a two-tiered system relying on both federal and state trade secret protection. The practical implication of the jurisdictional element is that federal protection--including access to the civil seizure remedy--is generally only available to technical trade secrets. General business information, however, will remain protected by state law. The theoretical implication brings trade secrets in line with other species of federal intellectual property.

Trade Secrets, Trade, and Extraterritoriality

Download Trade Secrets, Trade, and Extraterritoriality PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

DOWNLOAD NOW!


Book Synopsis Trade Secrets, Trade, and Extraterritoriality by : Elizabeth A. Rowe

Download or read book Trade Secrets, Trade, and Extraterritoriality written by Elizabeth A. Rowe and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: When a foreign individual or company misappropriates the trade secrets of an American company, and the acts of misappropriation occur entirely outside of the United States, the trade secret law of the United States generally will not apply. This represents the principle of extraterritoriality, and identifies a major vulnerability for companies that choose to conduct operations or engage in other business abroad. In such situations, the substantive and procedural laws of another country are likely to define whether the allegedly misappropriated information is protected and has been misappropriated. Providing a domestic forum to prosecute extraterritorial infringement would substantially benefit domestic trade-secret holders. However, the current cases demonstrate the wide divergence in the manner courts apply U.S. trade secret laws to redress extraterritorial misappropriation. In the absence of a coherent framework, courts have struggled to find consistency, which, in turn, has left trade-secret owners unsure of the extent of their enforceable rights. This Article explores an illustrative case study of a trade-based approach to this problem, but examining a recent Federal Circuit opinion that provides an interesting enforcement alternative that appears to circumvent jurisdictional issues for U.S. companies. Using section 337 of the Tariff Act of 1930 (a trade statute that protects United States industry from unfair foreign competition) the Federal Circuit upheld the International Trade Commission's (ITC) decision to apply U.S. trade secret law to misappropriation that occurred in China. By providing a domestic venue for businesses to at least partially address international violations of their trade-secret rights, the ITC has taken an important, practical step toward addressing international trade-secret espionage. This step has the potential for more immediate and far-reaching impact than the behind-the-scenes diplomatic efforts or uncertain legislative efforts that have heretofore been the United States' primary approach to addressing this problem. The Article evaluates this trade-based alternative that bars infringing products from entering the U.S. market, and suggests it is a reasonable alternative to the gaping hole that currently exists in the traditional extraterritorial doctrinal framework. It is consistent with a similar statutory import ban in patent law, consistent with the U.S. government's sovereign right to control trade within its borders, and provides a viable practical and efficient alternative for trade secret owners who face foreign misappropriation. However, the Article also considers the open questions and implications that arise from this approach, and other legislative alternatives that may be of some value in addressing this complicated issue.

Intellectual Property Rights and International Trade

Download Intellectual Property Rights and International Trade PDF Online Free

Author :
Publisher : Nova Publishers
ISBN 13 : 9781604565621
Total Pages : 84 pages
Book Rating : 4.5/5 (656 download)

DOWNLOAD NOW!


Book Synopsis Intellectual Property Rights and International Trade by : Shayerah Ilias

Download or read book Intellectual Property Rights and International Trade written by Shayerah Ilias and published by Nova Publishers. This book was released on 2008 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.

Cases and Materials on Trade Secret Law

Download Cases and Materials on Trade Secret Law PDF Online Free

Author :
Publisher : West Academic Publishing
ISBN 13 : 9780314195265
Total Pages : 0 pages
Book Rating : 4.1/5 (952 download)

DOWNLOAD NOW!


Book Synopsis Cases and Materials on Trade Secret Law by : Elizabeth A. Rowe

Download or read book Cases and Materials on Trade Secret Law written by Elizabeth A. Rowe and published by West Academic Publishing. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This, the first casebook in the United States devoted exclusively to trade secret law, is challenging yet user-friendly to students. In order to facilitate understanding of the material, the book is designed to be used by law and business students with no prior background in intellectual property law. Throughout, the authors have made conscious and thoughtful decisions about the way in which the information is presented and organized. The general organization follows a logical analytical approach to understanding trade secret law, with the chapters progressing from proving the essential elements of a trade secret claim to defensive tactics and remedies, managing trade secrets, and criminal actions. It also addresses employment, management, and international issues.

Global Dimensions of Intellectual Property Rights in Science and Technology

Download Global Dimensions of Intellectual Property Rights in Science and Technology PDF Online Free

Author :
Publisher : National Academies Press
ISBN 13 : 0309048338
Total Pages : 457 pages
Book Rating : 4.3/5 (9 download)

DOWNLOAD NOW!


Book Synopsis Global Dimensions of Intellectual Property Rights in Science and Technology by : National Research Council

Download or read book Global Dimensions of Intellectual Property Rights in Science and Technology written by National Research Council and published by National Academies Press. This book was released on 1993-02-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.

Trade Secrets and Employee Mobility

Download Trade Secrets and Employee Mobility PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 1108424228
Total Pages : 411 pages
Book Rating : 4.1/5 (84 download)

DOWNLOAD NOW!


Book Synopsis Trade Secrets and Employee Mobility by : Magdalena Kolasa

Download or read book Trade Secrets and Employee Mobility written by Magdalena Kolasa and published by Cambridge University Press. This book was released on 2018-02-08 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative analysis of trade secrets enforcement against ex-employees in the EU and USA, aimed at legislators and practitioners.

Model Rules of Professional Conduct

Download Model Rules of Professional Conduct PDF Online Free

Author :
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

DOWNLOAD NOW!


Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Milgrim on Trade Secrets

Download Milgrim on Trade Secrets PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (67 download)

DOWNLOAD NOW!


Book Synopsis Milgrim on Trade Secrets by : Roger M. Milgrim

Download or read book Milgrim on Trade Secrets written by Roger M. Milgrim and published by . This book was released on 1967 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Sedona Principles

Download The Sedona Principles PDF Online Free

Author :
Publisher : Pike & Fischer - A BNA Company
ISBN 13 : 0937275174
Total Pages : 195 pages
Book Rating : 4.9/5 (372 download)

DOWNLOAD NOW!


Book Synopsis The Sedona Principles by : Jonathan M. Redgrave

Download or read book The Sedona Principles written by Jonathan M. Redgrave and published by Pike & Fischer - A BNA Company. This book was released on 2007 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt:

IP PANORAMA

Download IP PANORAMA PDF Online Free

Author :
Publisher : WIPO
ISBN 13 :
Total Pages : 389 pages
Book Rating : 4./5 ( download)

DOWNLOAD NOW!


Book Synopsis IP PANORAMA by : World Intellectual Property Organization

Download or read book IP PANORAMA written by World Intellectual Property Organization and published by WIPO. This book was released on 2015-03-26 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with IP issues from a business perspective, focuses in particular on Small and Medium sized Enterprises (SMEs). The topics covered in the 12 modules include the importance of IP for SMEs, trademarks and industrial designs, inventions and patents, trade secrets, copyright and related rights, patent information, technology licensing, IP in the digital economy, IP and international trade, IP audit, IP Valuation, and Trademark licensing.

Trade Secrets Law

Download Trade Secrets Law PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (85 download)

DOWNLOAD NOW!


Book Synopsis Trade Secrets Law by : Melvin F. Jager

Download or read book Trade Secrets Law written by Melvin F. Jager and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Cybercrime

Download Cybercrime PDF Online Free

Author :
Publisher : DIANE Publishing
ISBN 13 : 1437944981
Total Pages : 97 pages
Book Rating : 4.4/5 (379 download)

DOWNLOAD NOW!


Book Synopsis Cybercrime by : Charles Doyle

Download or read book Cybercrime written by Charles Doyle and published by DIANE Publishing. This book was released on 2011-04 with total page 97 pages. Available in PDF, EPUB and Kindle. Book excerpt: The federal computer fraud and abuse statute, 18 U.S.C. 1030, outlaws conduct that victimizes computer systems. It is a cyber security law which protects federal computers, bank computers, and computers connected to the Internet. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud. It is not a comprehensive provision, but instead it fills cracks and gaps in the protection afforded by other federal criminal laws. This report provides a brief sketch of Section 1030 and some of its federal statutory companions, including the amendments found in the Identity Theft Enforcement and Restitution Act, P.L. 110-326. Extensive appendices. This is a print on demand publication.

Prosecuting Intellectual Property Crimes

Download Prosecuting Intellectual Property Crimes PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : 310 pages
Book Rating : 4.:/5 (225 download)

DOWNLOAD NOW!


Book Synopsis Prosecuting Intellectual Property Crimes by : David Goldstone

Download or read book Prosecuting Intellectual Property Crimes written by David Goldstone and published by . This book was released on 2001 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Public Health Service Policy on Humane Care and Use of Laboratory Animals

Download Public Health Service Policy on Humane Care and Use of Laboratory Animals PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.:/5 (319 download)

DOWNLOAD NOW!


Book Synopsis Public Health Service Policy on Humane Care and Use of Laboratory Animals by : National Institutes of Health (U.S.). Office for Protection from Research Risks

Download or read book Public Health Service Policy on Humane Care and Use of Laboratory Animals written by National Institutes of Health (U.S.). Office for Protection from Research Risks and published by . This book was released on 1986 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Drawdown

Download Drawdown PDF Online Free

Author :
Publisher : Penguin
ISBN 13 : 1524704652
Total Pages : 258 pages
Book Rating : 4.5/5 (247 download)

DOWNLOAD NOW!


Book Synopsis Drawdown by : Paul Hawken

Download or read book Drawdown written by Paul Hawken and published by Penguin. This book was released on 2017-04-18 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: • New York Times bestseller • The 100 most substantive solutions to reverse global warming, based on meticulous research by leading scientists and policymakers around the world “At this point in time, the Drawdown book is exactly what is needed; a credible, conservative solution-by-solution narrative that we can do it. Reading it is an effective inoculation against the widespread perception of doom that humanity cannot and will not solve the climate crisis. Reported by-effects include increased determination and a sense of grounded hope.” —Per Espen Stoknes, Author, What We Think About When We Try Not To Think About Global Warming “There’s been no real way for ordinary people to get an understanding of what they can do and what impact it can have. There remains no single, comprehensive, reliable compendium of carbon-reduction solutions across sectors. At least until now. . . . The public is hungry for this kind of practical wisdom.” —David Roberts, Vox “This is the ideal environmental sciences textbook—only it is too interesting and inspiring to be called a textbook.” —Peter Kareiva, Director of the Institute of the Environment and Sustainability, UCLA In the face of widespread fear and apathy, an international coalition of researchers, professionals, and scientists have come together to offer a set of realistic and bold solutions to climate change. One hundred techniques and practices are described here—some are well known; some you may have never heard of. They range from clean energy to educating girls in lower-income countries to land use practices that pull carbon out of the air. The solutions exist, are economically viable, and communities throughout the world are currently enacting them with skill and determination. If deployed collectively on a global scale over the next thirty years, they represent a credible path forward, not just to slow the earth’s warming but to reach drawdown, that point in time when greenhouse gases in the atmosphere peak and begin to decline. These measures promise cascading benefits to human health, security, prosperity, and well-being—giving us every reason to see this planetary crisis as an opportunity to create a just and livable world.

Guide to Protecting the Confidentiality of Personally Identifiable Information

Download Guide to Protecting the Confidentiality of Personally Identifiable Information PDF Online Free

Author :
Publisher : DIANE Publishing
ISBN 13 : 1437934889
Total Pages : 59 pages
Book Rating : 4.4/5 (379 download)

DOWNLOAD NOW!


Book Synopsis Guide to Protecting the Confidentiality of Personally Identifiable Information by : Erika McCallister

Download or read book Guide to Protecting the Confidentiality of Personally Identifiable Information written by Erika McCallister and published by DIANE Publishing. This book was released on 2010-09 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt: The escalation of security breaches involving personally identifiable information (PII) has contributed to the loss of millions of records over the past few years. Breaches involving PII are hazardous to both individuals and org. Individual harms may include identity theft, embarrassment, or blackmail. Organ. harms may include a loss of public trust, legal liability, or remediation costs. To protect the confidentiality of PII, org. should use a risk-based approach. This report provides guidelines for a risk-based approach to protecting the confidentiality of PII. The recommend. here are intended primarily for U.S. Fed. gov¿t. agencies and those who conduct business on behalf of the agencies, but other org. may find portions of the publication useful.

Legal Secrets

Download Legal Secrets PDF Online Free

Author :
Publisher : University of Chicago Press
ISBN 13 : 9780226737782
Total Pages : 392 pages
Book Rating : 4.7/5 (377 download)

DOWNLOAD NOW!


Book Synopsis Legal Secrets by : Kim Lane Scheppele

Download or read book Legal Secrets written by Kim Lane Scheppele and published by University of Chicago Press. This book was released on 1988-11-15 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her? Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoning—how judges find meaning in legal texts and how they infuse every fact summary with the values of their legal culture. Finally, the specific insights about secrecy are shown to be consistent with a general moral theory of law that indicates what the content of law should be if the law is to be legitimate, a theory that sees legal justification as the opportunity to attract consent. This is more than a book about secrets. It is also a book about the limits of an economic view of law. Ultimately, it is a work in constructive legal theory, one that draws on moral philosophy, sociology, economics, and political theory to develop a new view of legal interpretation and legal morality.