Document Type
Article
Abstract
The growing importance and value placed on information and ideas in the global information economy, coupled with the fact that these assets are now generally stored electronically, creates an increasing need to protect them through legal and other means from unauthorized use and interference. Given the somewhat chequered history of ‘market regulation’ and the availability of civil law remedies in this area, it is now arguably necessary to consider the extent to which governments should assist in the protection of these valuable intangibles. Such protection may take a variety of forms including: (1) enhancing the effectiveness of currently available civil actions; (2) development of criminal sanctions more directly targeted at theft of valuable information; (3) technological measures; and/or (4) public education. This paper examines the possibilities of governments utilizing a variety of these measures to provide the types and levels of protection required by commercial parties in the modern world with respect to their valuable trade secrets. In so doing, it takes a comparative look at approaches to these issues to date in a variety of jurisdictions with particular reference to the United Kingdom, the United States and Australia. It also examines the potential impact of globalization on suggested future developments in this area.
Recommended Citation
Jacqueline Lipton,
Protecting Valuable Commercial Information in the Digital Age: Law, Policy and Practice,
6 J. Tech. L. & Pol'y
(2001).
Available at: https://scholarship.law.ufl.edu/jtlp/vol6/iss1/1