You refer to Prof. Breznitz’s Op-Ed, Trans-Pacific Partnership is a wonderful idea – for China, where he claims the trade secret provisions in the TPP will “seriously restrict entrepreneurship, diminish competition and limit the basic economic freedom of individuals”. None of his claims can be supported.
He claims that the TPP’s civil law protection “adds several badly written, ambiguous trade-secret propositions to the law”. Yet, the obligations are substantially identical to the international standard for protecting trade secrets in the WTO TRIPs Agreement which 162 countries and territories (including the US, Canada and China) agreed to, as well in NAFTA. U.S and Canadian law already fully meets this TPP requirement.
Prof. Breznitz’s also claims that the TPP’s criminal sanctions for trade secret violations pose great risks. It is even harder to understand why he has any concerns here.
I respond to his assertions in a recent blog post, TPP and trade secrets: a wonderful idea, @ http://www.barrysookman.com/2015/12/31/tpp-and-trade-secrets-a-wonderful-idea/.
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TPP
You refer to Prof. Breznitz’s Op-Ed, Trans-Pacific Partnership is a wonderful idea – for China, where he claims the trade secret provisions in the TPP will “seriously restrict entrepreneurship, diminish competition and limit the basic economic freedom of individuals”. None of his claims can be supported.
He claims that the TPP’s civil law protection “adds several badly written, ambiguous trade-secret propositions to the law”. Yet, the obligations are substantially identical to the international standard for protecting trade secrets in the WTO TRIPs Agreement which 162 countries and territories (including the US, Canada and China) agreed to, as well in NAFTA. U.S and Canadian law already fully meets this TPP requirement.
Prof. Breznitz’s also claims that the TPP’s criminal sanctions for trade secret violations pose great risks. It is even harder to understand why he has any concerns here.
I respond to his assertions in a recent blog post, TPP and trade secrets: a wonderful idea, @ http://www.barrysookman.com/2015/12/31/tpp-and-trade-secrets-a-wonderful-idea/.