Trade Secret Protection : Asia at a Crossroads

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.

Professor Kung-Chung Liu, Singapore Management University/Renmin University of China/NCCU, Taiwan kcliu@smu.edu.sg Professor Reto Hilty, Director, Max Planck Institute for Innovation and Competition