New IP resource for Pharma, Biotech and Chem – Confidential information protection and jurisdictional differences
Another quick excerpt from the new book, Pharmaceutical, Biotechnology and Chemical Inventions: World Protection and Exploitation published by Oxford:
“There are many aspects to the field of confidential information which vary, sometimes subtly, between jurisdictions. For example, a key touchstone for protecting and enforcing rights in relation to confidential information is that there must be an obligation of confidence as between the parties. However, the way that such a relationship is created and its meets and bounds can vary considerably. Similarly, the information must have the requisite character of secrecy which is to be protected. This does not always mean that it must have been kept absolutely secret in the past.
For these reasons and the usual ones associated with legal certainty and prudence, it is almost always best to enter into a written agreement which clearly delineates the obligations of confidence between the parties. Such agreements should, of course, not only deal with issues such as what disclosures (if any) are permissible, but also what types of uses of the information are allowed.
Some jurisdictions, such as the United States, define ‘trade secrets’ as a subset of confidential information which provides a competitive business advantage. Some jurisdictions, such as France, refer to commercially valuable confidential information as ‘know-how’.
In many jurisdictions, a breach of confidence action is a civil matter between the parties. However, in some, such as China, Italy, and Germany, it may be a criminal offence.
In recognition of the grave importance of confidential information in the context of litigation, the courts of some (but not all) jurisdictions provide for court-ordered protection of confidential information which is brought before the court as part of the litigation. This commonly occurs in the context of pharmaceutical patent litigation where, for example, the precise nature of certain aspects of one of the litigant’s products is sought to be kept confidential.”
As before, this is a short excerpt from one of the overview summary sections.
Just to recap, it’s a detailed and strategic look at intellectual property and related issues in the pharmaceutical, biotechnology and chemical industries. It covers 11 jurisdictions, has a Europe overview section and will be published by Oxford University Press. It is topic based, so that you can see how the same issue is dealt with across the globe in one spot.
Oxford has kindly granted a 20% discount for readers of IP Think Tank. To claim your discount, just click this link (Pharmaceutical, Biotechnology and Chemical Inventions and enter the code ‘ALBUCK10′ , or call the team at Oxford on +44 (0) 1536 741727 and use the code ‘ALBUCK10’. (Note: this offer is only available on orders placed direct with Oxford University Press and is not available through any other supplier.)
Just to give you a little more background, the book will be published in a 2 volume set, with about 1,800 pages. It’s designed for the in-house team – to make things way easier than they are today.
Finally, thanks again to our incredible contributor team, each of whom are amongst the very best in the world:
Pravin Anand, Anund and Anund, India
John Bateman, Kenyon & Kenyon, USA
Susan Beaubien, Moffat & Co, Macera & Jarzyna LLP, Canada
Theo Bodewig, Humboldt University, Germany (Consultant Editor)
Simon Cohen, Taylor Wessing, UK
Wayne Condon, Griffith Hack, Australia
Marina Couste, Howrey LLP, France
Robert A. Dormer, Hyman, Phelps & McNamara, P.C., United States
Atsushi Hakoda, Nakamura & Partners, Japan
Juany Huang, Panawell and Partners LLC, China
Reuben E. Jacob, R. G. C. Jenkins, UK
Fabrizio Jacobacci, Studio Legale Jacobacci & Associati, Italy
Kurt R. Karst, Hyman, Phelps & McNamara, P.C., United States
Klaus Kupka, Taylor Wessing, Germany
David C. Musker, R. G. C. Jenkins, UK
Cyra Nargolwalla, Cabinet Plasseraud, France
Nina Resinek, Taylor Wessing, Germany
Toshio Takizawa, Nakamura & Partners, Japan
Koichi Tsujii, Nakamura & Partners, Japan
Klaus Schweitzer, Plate Schweitzer Zounek, Patentanwaelte, Germany
Deborah Somerville, Kenyon & Kenyon, USA
Paul Steinhauser, Arnold Siedsma, Netherlands
Nigel Stoate, Taylor Wessing, UK
Rosie Stramandinoli, Griffith Hack, Australia
Otto Swens, Steinhauser Hoogenraad, Advocaten, The Netherlands
Andreas Walkenhorst, Tergau & Pohl Patentanwälte, Germany
William Yang Panawell & Partners LLC, China
Federico Zanardi Landi, Studio Legale Jacobacci & Associati, Italy