Research Catalog

Title

Protection of trade secrets in China / Shan Hailing.

Author

Shan, Hailing, 1959-

Publication

Alphen aan den Rijn, The Netherlands : Kluwer Law International ; Frederick, MD : Sold and distributed in North, Central, and South America by Aspen Publishers, ©2008.

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Details

Description

xxiv, 323 pages; 25 cm.

Summary

This book consists of five parts. Part One contains an overview of the historical evolution of trade secret protection in China, describes the present situation and the future trend in the science of trade secret law in China, and draws a clear picture of the development track and of the basic framework of China's current trade secret laws by summarising present research achievements within academic circles. Part Two looks at the legal frameworkfor the protection of trade secrets, and addresses core issues such as legal definitions and constitutive elements of trade secrets, as well as the differences between trade secrets and other forms of intellectual property in chinese law. Part Three is devoted to determining what constitutes infringement of a trade secret and contains an introduction to the theoretical foundation for a system of legal protection in the view of chinese scholars of jurisprudence. Part Four includes labour force allocation and the marketisation of labour forces, and the conflict between rights and private interests and the public interest in trade secret protection. In Part Five, developing trends in global trade secret protection legislation and judicial practice are taken into consideration in an effort to propose an effective means for raising the level of trade secret protection and for perfecting mechanisms for the implementation of trade secret law in China.

Series Statement

Max Planck series on Asian intellectual property law ; v. 13

Uniform Title

Max Planck series on Asian intellectual property law ; v. 13.

Subject

• Trade secrets > Law and legislation > China
• Competition, Unfair > China
• Actions and defenses > China
• Actions and defenses
• Competition, Unfair
• Trade secrets > Law and legislation
• Geistiges Eigentum
• Schutz
• Geschäftsgeheimnis
• Unlauterer Wettbewerb
• Rechtsschutz
• Kina
• Företagshemligheter
• Confidential business information
• China
• Illojal konkurrens > Kina
• Schutz
• China

Bibliography (note)

• Includes bibliographical references (p. [307]-311) and index.

Contents

Historical evolution of the science of law on trade secrets in China -- Present situation and trends in the science of law on trade secrets in China -- The legal framework for the protection of trade secrets in China -- Legal definition and elements of trade secrets -- Differences between trade secrets and traditional IPR -- The theoretical foundations for a system of legal protection in China -- Civil law remedies for infringement of trade secrets -- Criminal law remedies for trade secret infringement -- Administrative protection of trade secrets -- Arbitration proceedings in labour law -- Transformation of the Chinese planned economy system and the market reform of its labour force -- Key issues of trade secret protection in employment relationships : conflict and balance of interests -- Duty of confidentiality and non-competition during the term of employment -- The duties of confidentiality and non-competition following termination of employment -- Settlement of trade secret disputes in employment relations with foreign elements.

ISBN

• 9041127585
• 9789041127587

LCCN

2008277698

OCLC

• ocn233582379
• 233582379
• SCSB-1527501

Owning Institutions

Princeton University Library