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Trade Secrets and International Law

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Not a subject that comes through my office (but one can still hope), but one that is possible and becomes more possible with every new business arriving on the Internet. Nor do I usually suggest reading a long, scholarly blog post, but TRADE SECRETS AND THE ROME II REGULATION ON THE LAW APPLICABLE TO NON-CONTRACTUAL OBLIGATIONS from The Trade Secrets Blog is both long and scholarly:

Not the least important consequence of whether trade secrets are governed by Arts 4, 6 or 8 of the Rome II Regulation concerns whether the parties are free to make their own choice of applicable law pursuant to Art.14. If such an agreement is possible at all it may always be made ex post facto, and in the case of parties "pursuing a commercial activity" (as will almost invariably be the case in trade secret cases between competitors) it may be made in advance of the harmful event, provided the agreement was freely negotiated.

It even has footnotes! I read it as closely as I do anything I want to know but is not essential to current work. No, it will not appeal to non-lawyers but I suggest anyone contemplating international work get this post in front of their lawyers.

Oh, for those Hoosiers thinking that international trade is not likely for us, please remember that Canada is only three hours away.

Full post as published by Indiana Civil & Business Lawyer on July 22, 2008 (boomark / email).