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I spy with my little eye: An economi...

The University of Chicago.

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I spy with my little eye: An economic analysis of industrial espionage and the scope of protection for trade secrets.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	I spy with my little eye: An economic analysis of industrial espionage and the scope of protection for trade secrets./
作者:	Brezis, Shira.
面頁冊數:	85 p.
附註:	Adviser: William Landes.
Contained By:	Dissertation Abstracts International69-04A.
標題:	Law. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3309011
ISBN:	9780549565628

I spy with my little eye: An economic analysis of industrial espionage and the scope of protection for trade secrets.
Brezis, Shira.

I spy with my little eye: An economic analysis of industrial espionage and the scope of protection for trade secrets. - 85 p.

Adviser: William Landes.

Thesis (J.S.D.)--The University of Chicago, 2008.

This dissertation explores the correct scope of the protection of trade secrets from acts of industrial espionage. Intellectual property has become the most valuable asset in global business and it is threatened on a daily basis by acts of industrial espionage. However, the scope of legal protection from those kinds of acts is unclear at best, and possibly overreaching. Specifically, the gray area of "improper means" has developed to cover acts that are otherwise legal. This reinforces the need to clarify the legal rule for purposes of deterrence and notice. This dissertation will use law and economics to analyze the desired scope of protection for trade secrets from acts of industrial espionage. It will argue that a certain level of industrial espionage is efficient and therefore desirable. Consequently, an exaggeratedly high level of legal protection that discourages industrial espionage altogether will not lead to an efficient result. The scope of protection from acts of industrial espionage should be carefully crafted to reflect this. A comparative look at general espionage reveals many similarities between the two practices. As for the legal rule that governs general espionage, although the traditional view considers many acts of espionage to be illegal, a more modern interpretation argues that espionage has become lawful through constant practice. The New Haven School views espionage to be necessary and efficient under certain circumstances. Based on the comparison between the two fields, this dissertation proposes a model that grasps the incentives of the parties to the misappropriation of a trade secret. This model suggests that different types of information deserve different levels of legal protection. It further shows that the correct legal rule depends on balancing the inputs of the secret holder against the inputs of the competitor, who is trying to misappropriate the information. An examination of the trade secret case law that follows confirms that courts' decisions are in line with this model and that trends in the case law can be explained by it. This insight can be used to better predict the legal outcome as well as direct behavior, giving better notice to competitors as to what would constitute an unlawful means as well as better guiding secret owners in protecting their valuable information.

ISBN: 9780549565628Subjects--Topical Terms:

600858
Law.

I spy with my little eye: An economic analysis of industrial espionage and the scope of protection for trade secrets.
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