A1 Refereed original research article in a scientific journal
Ticking the Hohfeldian Box: Against Whom and For Whom is Trade Secret Protection?
Subtitle: Against Whom and For Whom is Trade Secret Protection?
Authors: Auranen, Maiju
Publisher: Faculty of law, Lund University
Publication year: 2023
Journal: Nordic journal of european law
Volume: 6
Issue: 1
First page : 1
Last page: 29
eISSN: 2003-1785
DOI: https://doi.org/10.36969/njel.v6i1.24808
Web address : https://journals.lub.lu.se/njel/article/view/24808
Self-archived copy’s web address: https://research.utu.fi/converis/portal/detail/Publication/498417428
The famous box-ticking device known as the Hohfeldian scheme has been used to analyze various types of legal phenomena, and stating the schemes usability is almost a platitude. However, this article presents how advantageous the scheme is within the ever-growing legal regime related to information rights. Using trade secrets and their regulation by the European Union’s Trade Secret Directive as an relatively established example, this article depicts how the Hohfeldian scheme assists in defining the subject matter of trade secret protection and the parties’ rights and obligations with precision, thus offering an example of how there is not only one right holder within the trade secret right context, but actually the trade secret remedy structure distributes several Hohfeldian basic positions to various subjects. However, when applying the scheme, the sui generis definition of trade secrets and their nature as an information right requires the scheme to be applied meticulously.
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Funding information in the publication:
I thank University of Turku Graduate School UTUGS and TOP-Säätiö for funding my research.