Store International Employees, Trade Secrets and Restrictive Covenants
Employees, Trade Secrets and Restrictive Covenants

Employees, Trade Secrets and Restrictive Covenants

Edited by Christopher Heath, Anselm Kamperman Sanders
Format
Hardbound
$160.00

Hardbound

Available: Ships in 3-5 Business Days
Price
$160.00
Qty.
Buy Now
Overview

Trade secrets and post-contractual non-compete clauses (restrictive covenants) are intrinsically linked issues when analysed in the context of past and present employment. While trade secrets have been the object of legislation in a number of major jurisdictions during the last couple of years, post-employment restrictive covenants have been left out of such legislative activity. Still, they have come under increasing scrutiny of economists and may well come into legislative focus in the near future.

As the chapters of this book highlight in detail, the approach to the protection of trade secrets, the conditions under which an employer can protect trade secrets and other business interests by way of a restrictive covenant, and the scope within which former employees by using the skills and knowledge can compete with a former employer, hugely differ from jurisdiction to jurisdiction. This is not only so for the effective scope, but also for the underlying doctrinal reasons, making a country-by-country comparison difficult, and a common structure of the chapters a challenge. After all, the topic involves international law (Paris Convention, TRIPS), domestic labour law, domestic sui generis protection, and, most importantly, domestic competition and unfair competition law, a field that up to now has defied all attempts of harmonisation beyond those categories as identified by Friedrich Zoll and implemented as Art. 10bis in the Paris Convention.

This book features both comparative and country-specific chapters. The latter cover the major jurisdictions of Europe and Asia, while the former provide a subject-matter analysis by taking into account legislation and case law in a global context.

Publish Date 12/06/2016
Product Line Kluwer Law International
ISBN 9789041183798
SKU 10057674-0001
Table of Contents

Preface
Authors and Editors
Part I – Employees, Trade Secrets and Restrictive Covenants from an International and Comparative Perspective
Chapter 1
The “Actio Servi Corrupti” from the Roman Empire to the Globalised Economy
Anselm Kamperman Sanders
Chapter 2
“Pacta sunt servanda” – sed quousque?
Christopher Heath
Chapter 3
International Technology Contracts, Restrictive Covenants and the UNCTAD Code
Peter K. Yu
Part II – Employees, Trade Secrets and Restrictive Covenants in Europe
Chapter 4
Employees, Trade Secrets and Restrictive Covenants in the United Kingdom
Guy Tritton
Chapter 5
Employees, Trade Secrets and Restrictive Covenants in Germany
Christopher Heath
Chapter 6
Employees, Trade Secrets and Restrictive Covenants in the Netherlands
Anselm Kamperman Sanders
Chapter 7
Employees, Trade Secrets and Restrictive Covenants in France
Luc Desaunettes
Chapter 8
Employees, Trade Secrets and Restrictive Covenants in Italy
Alberto Bellan
Chapter 9
Employees, Trade Secrets and Restrictive Covenants in Spain
Carmen María Garcia Mirete
Part III – Employees, Trade Secrets and Restrictive Covenants in Asia
Chapter 10
The Protection of Undisclosed Information in Asia – Legal Rules and Economic Implications
Douglas C. Lippoldt and Mark F. Schultz
Chapter 11
Employees, Trade Secrets and Restrictive Covenants in Greater China
Kung-Chung Liu and Xiuqin Lin
Chapter 12
Employees, Trade Secrets and Restrictive Covenants in Japan
Takuya Iizuka
Chapter 13
Employees, Trade Secrets and Restrictive Covenants in South Korea
Byung-Il Kim
Chapter 14
Employees, Trade Secrets and Restrictive Covenants in Australia
Aldo Nicotra

Volumes