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- Nordberg, Ana, et al.
(författare)
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Implementation of the Trade Secrets Directive into National Law: Portugal and Spain
- 2020
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Ingår i: The Harmonization and Protection of Trade Secrets in the EU : An Appraisal of the EU Directive - An Appraisal of the EU Directive. - : Edward Elgar Publishing. - 978 1 78897 333 5 ; , s. 125-150
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Bokkapitel (refereegranskat)abstract
- The protection of trade secrets in Portugal and Spain has been derived from general legal principles (of Civil Law, Penal Law and Unfair Marketing Law). This chapter on implementation of the Trade Secrets Directive (TS Directive) in Portugal and Spain presents the traditional views and positions and the implementation of the TS Directive into the respective national legal orders.In Portugal, implementation of the TS Directive was part of a broader intellectual property (IP) legislative reform package. This reform entailed the approval of a new Industrial Property Code transposing both the TS Directive and the new Trade Mark Directive; and that also modified procedural norms relating to the competence of the IP court and new rules on IP arbitration. In Spain, implementation has been made by specific TS legislation – The Law on Trade Secrets, approved in December 2019. The chapter contains an introduction (section 1), and overview of the pre-directive frameworks (Section 2), the post-directive national TS legislation (section 3), expected post-implementation legal developments (section 4); and the main conclusions of our analysis.
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| 2. |
- Nordberg, Ana, et al.
(författare)
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Trade Secrets, Big data and Artificial Intelligence Innovation: a Legal Oxymoron?
- 2020
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Ingår i: The Harmonization and Protection of Trade Secrets in the EU : An Appraisal of the EU Directive - An Appraisal of the EU Directive. - 978 1 78897 333 5 ; , s. 194-220
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Bokkapitel (refereegranskat)abstract
- This chapter will analyse the Trade secret Directive from a technological informed legal perspective, looking at the possibilities and scope of protection that it offers for knowledge based activities and business models. It opens by restating the basic yet important fact that “Information is power”. Asymmetries in information are a fundamental transaction cost and in this sense informational quality and quantity translates into economic competitive advantage. Different types of informational resources have for long been an important asset of businesses. Informational technologies, automated data retrieval and cross reference will produce large quantities of valuable data that can be used for research, development and marketing of all types of products and services. Big data is not static data, is real time data, searchable and able to produce new data. Such data will constitute an important immaterial asset and trade secrets an important form of legal protection. However, and as a reverse side of the coin, Artificial Intelligence and data mining tools pose a considerable challenge to trade secrets as a legal concept.
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