A1 Refereed original research article in a scientific journal

Ticking the Hohfeldian Box: Against Whom and For Whom is Trade Secret Protection?




SubtitleAgainst Whom and For Whom is Trade Secret Protection?

AuthorsAuranen, Maiju

PublisherFaculty of law, Lund University

Publication year2023

JournalNordic journal of european law

Volume6

Issue1

First page 1

Last page29

eISSN2003-1785

DOIhttps://doi.org/10.36969/njel.v6i1.24808

Web address https://journals.lub.lu.se/njel/article/view/24808

Self-archived copy’s web addresshttps://research.utu.fi/converis/portal/detail/Publication/498417428


Abstract

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.


Last updated on 2025-17-06 at 11:26