Private Law Theory

ABSTRACT
Trade secrecy law is a hybrid between intellectual property and unfair competition law. This makes the characterisation of trade secrecy law for the purposes of private international law difficult. This paper argues that neither the EU conflict of law rules for unfair competition law nor those for IP law can be applied, but that a sui-generis solution is called for.

Ohly, Ansgar, Jurisdiction and Choice of Law in Trade Secrets Cases: the EU Perspective (2021) in Research Handbook on Information Law and Governance, edited by SK Sandeen, C Rademacher and A Ohly, Edward Elgar, 2021.

First posted 2022-03-25 08:45:47