Globally, best trade secret protection is oneself; around the world, statutory protection is improving, but enforcement is spotty at best

Article Abstract:

Trade secret law and enforcement worldwide allows much room for improvement, with the US still being the best advised. Laws protecting intellectual property have shortcomings both in their practical enforceability and in the scope of the protection they given, if enforced. Moreover, trade secret theft by foreign businesses and governments remains a continuing problem, denying US companies income from licenses to third parties and affiliates. Steps for US businesses to take to control international trade secret availability and dissemination are listed.

Author: Forstner, James A.

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Would-be thieves: discovery not always allowed

Article Abstract:

The US Court of Appeals for the 3d Circuit reversed a district court decision in US v. Kai-Lo Hsu ruled that a charge of only conspiracy and attempt under the Economic Espionage Act (EEA) did not require the government to provide trade secrets to defendants in discovery. The case thus left open the possibility that a in a case charging trade secret offenses under an EEA indictment those same trade secrets would have to be turned over to the defense. Advance internal security precautions may be the best guard againt trade secret theft.

Author: Grail, Efrem M., McGough, W. Thomas, Jr., Klink, Jeffrey M.
United States, Cases, Business intelligence, Competitive intelligence

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Globally, trade secrets laws are all over the map; despite a growing consistency in the statutes protecting business information, enforcement varies

Article Abstract:

Nations worldwide have in recent years established or strengthened laws regarding the misuse or misappropriation of trade secrets. The North American Free Trade Agreement (NAFTA) was the first international agreement with detailed provisions to protect trade secrets, and the General Agreement on Tariffs and Trade accord reached in 1994 seeks to set standards worldwide. China and many emerging Eastern and Central European countries have passed their first trade-secret laws but may be unable to enforce them.

Author: Katsh, Salem M., Dierks, Michael P.

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Subjects list: International aspects, Trade secrets, international
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