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.