Secrets: Managing Information Assets in the Age of Cyberespionage, translated by Ms. Fang Liu, a Senior Partner of Tiantai Law Firm, was Published

Recently, the Secrets: Managing Information Assets in the Age of Cyberespionage, translated by Ms. Fang, a senior partner of Tiantai Law Firm, was officially published by Tsinghua University Press.

Brief Introduction

Starting from the characteristics of trade secrets in the Internet era, the author introduces the information risks and the different ways of trade secret leakage in the era of the Internet, big data and the Internet of Things. The content covers the historical development, the scope of protection of trade secrets as well as the ownership of information, how the law protects trade secrets, how to take specific measures to manage the information assets, the importance of contracts in protecting trade secrets and special concerns of the terms, how to prevent hackers and commercial spies from intrusion, how to avoid contamination of information, how to prevent and resolve competition from departing employees, characteristics of trade secret disputes and litigation, procedural issues and strategies for both plaintiffs and defendants, how to find a balance between protection of trade secrets and government regulation and protection, information theft and criminal liability, and protection of trade secrets in the context of the global marketplace. The book is informative and practical, and is suitable for business executives, information managers, data compliance officers, lawyers and legal professionals in related industries.

Recommendations

“This is the best concise statement of trade secret law — and why it matters to you, your clients, your business — that you will find anywhere. Jim Pooley is a ninja master in the trade secret field. Do yourself a favor and learn from this translation by a very distinguished Chinese practitioner. You will not be disappointed.”

——Robert Merges, Professor of UC Berkeley Center for Law & Technology (BCLT)

“Secrets is succinct, readily accessible and yet specific and comprehensive, combining law, litigation, client relations and business realities – all from an expert who has lived trade secrecy law in all its complexities for decades. With patent protections in America shrinking steadily, more and more companies and their lawyers will have to turn to trade secrets, and this guide will illuminate the way for all.”

——The Hon. Paul Michel, Chief Judge (ret.) of the Federal Circuit Court of Appeals

“Trade secrets are arguably the least understood form of intellectual property, but critically important to large corporations and entrepreneurs alike. In this book, James Pooley draws on his deep experience to provide both a highly readable but also very thoughtful introduction to this critically important area and the implications for business and public policy.”

——Josh Lerner, Professor, Harvard Business School, and author of The Architecture of Innovation: The Economics of Creative Organizations

“In the Information Age, ideas are our most valuable currency. Anyone who innovates needs a practical guide to protecting valuable business information. Here it is. Using clear language and an abundance of useful examples, Jim lays out how a company’s proprietary information can be protected in an era when everything and everyone is interconnected.”

——Peter Detkin, Founder of Intellectual Ventures, and former Vice President of Intel

About The Authors

Mr. James Pooley, an international trade secret expert, former Deputy Director General of the World Intellectual Property Organization (WIPO), former President of the American Intellectual Property Association (AIPLA) , former Chairman of the selection board of the National Inventors Hall of Fame (NIHF), and Chairman of the Sedona Conference. Mr. Pooley is also an adjunct professor of UC Berkeley Law and a professional lawyer. Mr. Pooley has more than forty-five years of experience as a litigation counsel and transaction consultant in Silicon Valley, and he was invited as an expert on legislation for the Defend Trade Secrets Act. Mr. Pooley has listed as “Best Lawyers in America,” “Chambers’ America’s Leading Business Lawyers”, “California Super Lawyers” and “The World's Leading IP Strategists,” etc.

Ms. Fang Liu, the translator of this book, Senior Partner, Director of International Practice Department of Tiantai Law Firm, a Senior Research Fellow of UC Berkeley Center for Law & Technology (BCLT). Ms. Liu is specialized in Corporate Law of China and U.S., Cross-border M&A, VC & Private Equity, IP Licensing, and Foreign-related Commercial Litigation and Arbitration. Ms. Liu co-authored the famous and influential book Intellectual Property Strategy for Business with Prof. Robert Merges at UC Berkeley Law School, one of the most famous IP scholars in the world. Ms. Liu is licensed to practice law in China PRC, California, New York, Michigan, and Washington D.C. of the United States.

Preface (by James Pooley)

I first visited China in 1998, as part of a delegation of industry leaders, government officials and academics. The visit was to celebrate the opening of China Intellectual Property Training Center and to discuss with our counterparts China's efforts to establish a modern intellectual property system, a key component of China's plan to join the World Trade Organization. The experience was memorable for all.

My second visit to China came 12 years later, when China had become the fastest growing country in the international patent system. As a UN diplomat, I took advantage of this visit to get to know China, the largest "customer" of the international patent system, better. What I learned during this visit shocked me: the office buildings of the China National Intellectual Property Administration have grown from one in Beijing in 1998 to 27 across the country, the quality of patent examination is among the best in the world, and patents are only the overall as part of the development picture. In a series of meetings, the Chinese representatives firmly expressed a strong commitment to building a modern intellectual property system.

Trade secret protection has received a great deal of attention as global companies rely more and more on "information" as a commercial asset. Since my visit to China in 2010, China has made significant changes to the relevant provisions of its Anti-Unfair Competition Law and has clarified the relevant contents through judicial interpretations, providing better expectations and stronger protection for domestic and foreign businesses. I’ve had the great pleasure of visiting China to give a series of lectures on trade secret law and related practice. I hope that the translation of this book will help to continue the dialogue that started a few years ago, as well as to help Chinese companies understand and master how to better manage trade secrets in the context of a globalized economy.