Trade Secret Protection

Trade Secret Protection

Author: Kung-Chung Liu

Publisher:

Published: 2021-08-11

Total Pages: 496

ISBN-13: 9789403530536

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In recent years, as companies implement strategies to protect their intellectual property in a competitive environment with rapidly developing technology, trade secret protection law has gained increasing importance. This is especially true in Asia, where the staggering commercial value of trade secrets, fierce cross-border competition, and large-scale labour mobility characterize the region's economy. This book - the first systematic study of trade secret protection law covering a number of key Asian jurisdictions - provides a detailed analysis of the relevant statutory and case law of Japan, Korea, China, Taiwan, Thailand, Singapore, Hong Kong, Malaysia, and India. In addition, a chapter on European Union trade secret protection law is included for further purposes of comparison. Thirty-one local experts provide a clear overview of national laws and practices by examining the following aspects of their respective national regimes: requirements of trade secrets; validity and scope of confidentiality and/or non-competition clauses; burden of proof and its shifting or reversal; order for protecting the secrecy of a trade secret during prosecution and trial; civil remedies (injunctive relief and damages); and criminal punishment for trade secret infringement. With its authoritative insights and comprehensive coverage of the dynamic and multifaceted development of trade secret protection law in Asia, the book will be a primer for practitioners, corporate counsels, judges, and scholars concerned with cross-border protection of intellectual assets.


Trade Policy at the Crossroads - The Indonesian Story

Trade Policy at the Crossroads - The Indonesian Story

Author: David Vanzetti

Publisher:

Published: 2008

Total Pages: 0

ISBN-13:

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Following the crises of the late 1990s and the subsequent slowdown in the world economy, many countries in the developed and developing world are at the crossroads in their trade strategy, uncertain whether to advance with trade reforms, to stand still or increase protection. While the case for liberalization has been widely accepted as a long-term goal for economic policy, the gains from trade have not always been forthcoming and macroeconomic crises have exacerbated the situation. The delayed and uncertain benefits of reform, plus the costs of adjustment, the need to offset tariff revenue losses, and the possible benefits of some degree of intervention to foster industrialization have all contributed to this indecision. Support for the WTO multilateral negotiations now appears half-hearted, and there are calls for increased protection. Following the slow progress of multilateral negotiations, attention has inevitably turned to regional and bilateral agreements. Indonesia provides an interesting case study of the potential benefits and costs of alternative trade strategies that are under active consideration in many developing countries. The ASEAN region has recently announced a deepening of its commitments and is considering widening the agreement to include countries such as China, Japan and the Republic of Korea. A bilateral agreement with the United States is also a possibility. Against this background, Indonesia's options on trade policy range from increasing protection to actively pursuing bilateral, regional and multilateral initiatives. The results of a global general equilibrium analysis point to several interesting implications for policy makers. The results from the model show that increasing protection results in economic losses while a stand still and more liberalization produces economic gains. After undergoing full adjustment, estimated annual gains to Indonesia from a conservative Uruguay Round-style outcome within the WTO system total an estimated $380 million (0.22 per cent of GDP). However, annual gains from a completely liberalized ASEAN plus China, Japan and Republic of Korea regional trade agreement are estimated at $2.3 billion, again after adjustment. Indonesia could capture half of these benefits by liberalizing unilaterally. The major source of the gains from unilateral, regional and multilateral liberalization is improved efficiency following removal of tariffs on politically sensitive sectors such as motor vehicles. This improves productivity in many downstream sectors. There are significant trade diversion effects from regional integration, with non-members worse off as a result. The results have implications for other countries having second thoughts about their strategy.


Trade Policy at the Crossroads

Trade Policy at the Crossroads

Author: Mehdi Shafaeddin

Publisher: Palgrave Macmillan

Published: 2005-04-16

Total Pages: 288

ISBN-13: 9780333595596

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Analyzing the experience of developing countries in recent years and the deadlock in trade negotiation in WTO, the author argues that the theories and practices of trade and industrial policies are surrounded by a number of fallacie, namely: that universal liberalization benefits all developing countries; that the Invisible Hand of free market alone is conducive to industrialization; that the infant industry argument is against export expansion; that developed countries industrialized without government intervention; that WTO rules are conducive to development.