Trade Secrets Legal Protection: From a Comparative Analysis of US and EU Law to a New Model of Understanding

Trade secrets are legally protected but lack a robust theoretical corpus, leading to uncertainty in their legal apprehension. This book investigates the foundations of their legal protection and proposes a theoretical framework based on two legal objects: the undertakings secret sphere and secret pieces of information. Securing the undertakings secret sphere is necessary for the competition process to occur in an economy with structural uncertainty, while the legal apprehension of secret pieces of information should be considered as falling within the realm of immaterial goods regulation.

Format: Hardback
Length: 501 pages
Publication date: 11 June 2023
Publisher: Springer International Publishing AG

Despite the economic significance of trade secrets, their legal protection is not firmly grounded in a robust theoretical foundation, leaving considerable uncertainty regarding their appropriate legal treatment. The present book delves into the foundations of trade secret legal protection by assessing its justifications and aims to establish a structured approach to its legal apprehension. The book begins with a comparative analysis of the legal frameworks in the United States (US) and the European Union (EU), revealing a close relationship between the two systems of protection and highlighting the need for a more comprehensive conceptual foundation. In both legal systems, trade secrets rely on a blurred protection, formally grounded in unfair competition, which shares similarities with intellectual property law in terms of strength. However, this convoluted architecture places a significant burden on the judiciary, particularly during the enforcement stage. The absence of clarity regarding the purpose of trade secret protection leads to legal uncertainty, potential incoherence in enforcement, and ultimately suboptimal outcomes from a welfare perspective. The book then explores a theoretical framework based on a distinction between two legal objects: the undertakings' secret sphere and secret pieces of information. Securing the undertakings' secret sphere is essential for the competition process to function effectively in an economy characterized by structural uncertainty. It necessitates objective regulations enforced by public authorities. On the other hand, the legal apprehension of secret pieces of information should be considered as falling within the realm of immaterial goods regulation, aiming to address the marketability deficit of this type of information. The book further examines the role of the judiciary in trade secret protection, highlighting the need for a balanced approach that ensures both the protection of legitimate business interests and the promotion of competition. It also discusses the challenges posed by the digital age, including the potential for widespread dissemination of trade secrets and the difficulties in enforcing protection in the online environment. The book concludes by proposing a comprehensive legal framework for trade secret protection that balances the interests of businesses, consumers, and the broader public. It emphasizes the importance of clear and predictable legal rules, effective enforcement mechanisms, and cooperation between public authorities and private stakeholders. By adopting such a framework, the book aims to contribute to the development of a robust and effective legal regime for trade secrets that promotes innovation, economic growth, and fair competition.

Dimension: 235 x 155 (mm)
ISBN-13: 9783031267857
Edition number: 1st ed. 2023