NDLI: Trade Secrets – Looking for (Full) Harmonization in the Innovation Union

Content Provider	Springer Nature Link
Author	Falce, Valeria
Copyright Year	2015
Abstract	The impulse to harmonize trade secret protection at the EU level falls within a broader and more comprehensive strategy aimed at ensuring that the Single Market for intellectual property functions smoothly. In such a perspective, the recent Proposal for a Directive on trade secrecy, complemented by the compromise draft of the Council Presidency, is a welcome one in so far as it invokes the unfair competition paradigm as the EC answer to balancing the request to secure confidential information and trade secrets with the need to leave third parties free to develop and use the same information obtained by legitimate means. As far as the advisable level of uniform protection is concerned, a final position has not been reached, yet. While the Commission has not clearly identified the harmonization strategy it will endorse, a minimum standard requirement, already applied at the international level, has proven to be inadequate to create a level playing field where equivalent rules, obligations and guarantees apply. Such regulatory failure, together with the request to encourage inter- and intra-sector cooperation, as well as international spin-off/start-up activities, suggests fostering a homogenous level of trade secret protection with more determination. In conclusion, the time seems ripe to deviate from the minimum harmonization technique embraced by the Council Presidency and to replace the current patchy system with a fully harmonized environment, as a sound solution to satisfactorily contribute to the Innovation Union policy.
Starting Page	940
Ending Page	964
Page Count	25
File Format	PDF
ISSN	00189855
Journal	IIC - International Review of Intellectual Property and Competition Law
Volume Number	46
Issue Number	8
e-ISSN	21950237
Language	English
Publisher	Springer Berlin Heidelberg
Publisher Date	2015-11-24
Publisher Place	Berlin, Heidelberg
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Trade secrets International IT and Media Law, Intellectual Property Law Confidential information EU proposed Directive Harmonization
Content Type	Text
Resource Type	Article
Subject	Political Science and International Relations Law

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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