Trade secrets and acquisition of information by improper means in the cyberspace – Brunch Talk with Sharon K. Sandeen

How and why did the acquisition by improper means theory of recovery develop in the U.S.?

How are concepts such as cognizable harm to a trade secret holder determined in the acquisition by improper means prong of trade secrets misappropriation? These questions are important for understanding the U.S. Trade Secrets Law and the EU Trade Secret Directive, as the latter heavily borrows from its U.S. counterpart.

The U.S. Trade Secrets Law and the EU directive are unable to address trade secret misappropriations that do not result in actual harm. This problem has been mended by the availability of an injunctive relief. However, injunctive relief is an unavailable remedy if the information acquired by improper means does not meet the definition of a trade secret. This is often the case with, for example, cyber-hacking. Furthermore, injunctive relief does not provide any monetary relief. Thus, the question arises, should acts of wrongful acquisition be remedied in somewhere else than in the Trade Secret Law? Should a separate wrongful acquisition tort be enacted to fill in the gaps in the current legislation regarding the information of another? If yes, the legal definition of elements such as wrongful, remedy and protected information need to be re-thinked.

Professor Sharon Sandeen will discuss the interesting problematics and questions addressed above, during the brunch. 

More information about professor Sandeen from HERE.

9.00 – 10.30 Trade secrets and acquisition of information by improper means in the cyberspace
Professor Sharon K. Sandeen, Mittchel Hamline School of Law

10.30 – 11.00 Comment from a European perspective
Professor Nari Lee, Hanken