Trade secrets law

The standardisation of trade secret protection was one of the goals of the TRIPs Agreement of 1998. Nevertheless, substantial differences in this protection remain across jurisdictions. When defining the optimal scope of trade secrets law, lawmakers should be aware that strong trade secret protection is likely to promote inventiveness, but it is also likely to hinder the diffusion of knowledge and prevent competition

Trademarks and the Economic Dimensions of Trademark Law in Europe and Beyond

The economic analysis of trademark law continues to draw a number of commentaries, yet more and more, the courts are not factoring concrete economic analysis of trademark law and trademark protection in their decisions. In this entry I give an overview and status of trademarks from a law and economic perspective and suggest that trademark laws need to respond to the economic dimension that occurs on the market and consumer economic behavior.Peer reviewe

De Jure Determinants of New Firm Formation: How the Pillars of Constitutions Influence Entrepreneurship

This paper provides empirical evidence supporting the view that constitutions may influence the organization of economic activities. Dealing with the issue of the institutional determinants of entrepreneurship, it shows that some of the provisions contained in national constitutions are positively and significantly associated to a standard measure of entrepreneurial dynamics, namely the rate of new business density. Using a novel dataset containing the characteristics of the constitutions enacted in the world and a sample of 115 countries, the paper finds that provisions about the right to conduct/establish a business, the right to strike, consumer protection, protection of trademarks, and education promote higher rates of new firm formation

De jure determinants of new firm formation: how the pillars of constitutions influence entrepreneurship

This paper provides empirical evidence supporting the view that constitutions are the primary and fundamental institutional determinant of entrepreneurship. It shows that some of the provisions contained in national constitutions are positively and significantly associated with a standard measure of entrepreneurial dynamics, namely the rate of new business density. Using for 115 countries a novel dataset containing the characteristics of the constitutions enacted in the world, applying an IV-GMM treatment to deal with the endogeneity of constitutional rules, and controlling for de facto variables, the paper finds that provisions about the right to conduct/establish a business, the right to strike, consumer protection, anti-corruption, and compulsory education promote higher rates of new firm formation. Contrasting results are instead obtained for provisions concerning protection of intellectual property rights

The Precautionary Principle in a World of Digital Dependencies

As organizations become deperimeterized, a new paradigm in software engineering ethics becomes necessary. We can no longer rely on an ethics of consequences, but might instead rely on the precautionary principle, which lets software engineers focus on creating a more extensive moral framework.\u