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TRADE SECRETS AND THE ROME II REGULATION ON THE LAW APPLICABLE TO NON-CONTRACTUAL OBLIGATIONS

E.I.P.R. 2008, 30(8), 309-319) European Intellectual Property Review TRADE SECRETS AND THE ROME II REGULATION ON THE LAW APPLICABLE TO NON-CONTRACTUAL OBLIGATIONS Christopher Wadlow. Discusses the protection of trade secrets in private international law, focusing on the impact of Regulation 864/2007 (Rome II). Notes what is determined by the applicable law and details the approach of the travaux preparatoires and Regulation to unfair competition. Reflects on the problems that lack of a harmonised trade secrets law poses for the practical application of the three alternative rules in art.4, including the difficulty of applying the common personal law rule, establishing what constitutes damage and determining the "proper law" of the tort.

Full post as published by The Trade Secrets Vault on September 06, 2008 (boomark / email).