The Jurisdictional Basis of Trade Secret Actions: Economic and Doctrinal Considerations
8 Australian Intellectual Property Journal 134-150, 1997
17 Pages Posted: 28 Sep 2015
Date Written: 1997
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
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