Contributory Negligence, Technology, and Trade Secrets

Empirical Comparisons of the Contributory versus Comparative Negligence Rules

The liability rule traditionally used in accident law when both the injurer’s and the victim’s behaviour affect the likelihood of an accident occurring is the rule of contributory negligence. Under it, the injurer is liable for the full amount of the victim’s damage only if the injurer’s behavior is negligent and the victim’s behavior is non-negligent. If both parties are negligent, only the vi...

Secrets of the Trade

President Obama has discovered first-hand how difficult wrangling the interests of a dozen nations can be. For six years, the Trans-Pacific Partnership (TPP) has been in negotiations and might prove to be Obama’s crowning foreign policy achievement. If the 12-nation Free Trade Agreement (FTA) passes, it will shape the future of economic development in the Asia-Pacific and cement the U.S. as the...

Protecting Trade Secrets in Canada.

Patents in the life sciences industries are a key form of intellectual property (IP), particularly for products such as brand-name drugs and medical devices. However, trade secrets can also be a useful tool for many types of innovations. In appropriate cases, trade secrets can offer long-term protection of IP for a lower financial cost than patenting. This type of protection must be approached ...

Expired Patients, Trade Secrets, and Stymied Competition

Trade Secrets: Tools for Innovation and Collaboration