The Trade Secrets Directive in the International Legal Framework

European Papers

Davide Arcidiacono¹ 

[1] University of Catania;

关键词: trade secrets;    know-how;    business information;    reverse engineering;    trips;    enforcement;   

DOI  :  10.15166/2499-8249/83

来源: DOAJ

【 摘 要 】

(Series Information) European Papers - A Journal on Law and Integration, 2016 1(3), 1073-1085 | European Forum Insight of 7 November 2016 | (Table of Contents) I. Introduction. - II. The trade secrets directive within the international legal framework. - III. Minimum harmonization approach and maximum threshold of protection combined. - IV. The subject-matter of protection. - V. Lawful and unlawful means of acquisition, use and disclosure of trade secrets: the refusal of the patent-like approach. - VI. The relationship between trade secrets directive enforcement provisions, TRIPs and the enforcement directive. Room for flexibility. | (Abstract) This paper aims at contributing to the interpretation of some issues raised by the Directive (EU) 2016/943 of the European Parliament and of the Council of 18 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure approving, with significant amendments and modifications, the Commission's Proposal of 28 November 2013 COM(2013) 813. In doing so these notes take into account the regulatory framework existing under TRIPs Agreement, Enforcement Directive, along with other relevant intellectual property-related international agreements.

【 授权许可】

Unknown