The Jurisdictional Basis of Trade Secret Actions: Economic and Doctrinal Considerations

8 Australian Intellectual Property Journal 134-150, 1997

U of Melbourne Legal Studies Research Paper

17 Pages Posted: 28 Sep 2015

See all articles by Andrew D. Mitchell

Andrew D. Mitchell

University of Melbourne - Law School

Date Written: 1997

Abstract

Actions taken to protect trade secrets arise from uncertain jurisdictional foundations. While this may be of little concern in simple trade secret actions, the importance of identifying the proper basis of the action is revealed by the unsatisfactory state of the law relating to liability for surreptitiously or accidentally obtained information. Moreover, the future direction for the law of trade secrets remains unclear in the absence of an established jurisdictional basis. This article examines the policy that underlies the protection of trade secrets and ultimately concludes that a proprietary analysis is consistent with these policy objectives and provides a more satisfactory doctrinal foundation for the action than other options.

Keywords: trade secret, intellectual property, Australia

Suggested Citation

Mitchell, Andrew D., The Jurisdictional Basis of Trade Secret Actions: Economic and Doctrinal Considerations (1997). 8 Australian Intellectual Property Journal 134-150, 1997; U of Melbourne Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=2665558

Andrew D. Mitchell (Contact Author)

University of Melbourne - Law School ( email )

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HOME PAGE: http://www.law.unimelb.edu.au/staff/Andrew%20Mitchell

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