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Trade Secrets: A Re-Visited Business Tool Towards A New Rebound

Global Digital Encounters

Encounter 7

Tuesday, December 1st, 2020
4.30pm-5.30pm CEST

Encounter 7

Trade Secrets: A Re-Visited Business Tool Towards A New Rebound

Global Digital Encounters



Trade Secrets are among the most attractive, but also misused Intellectual Property Rights. The US has the lead in this IP area. After decades of hesitations, the European Union recently adopted a Directive that offers new opportunities to business, but at the same time is heavily criticized. Fascinating developments are also taking place in Eastern Asia. Also, WIPO is promoting efforts towards better harmonization in this field of IP. In a post-COVID Crisis environment marked by a profound transformation of business and company operations and commercial transactions, including a further digitalization of society, how will trade secrets will play an important role as business tools towards a new rebound, in an evolving business and social format? Which meanings might be expected from this evolution? Will the US and EU approach further evolve? Would there be space for diverse scenarios, such as further international harmonization? Speakers from Europe and the US will provide a worldwide picture of the fast-evolving Trade Secrets environment under a deeply transformed post-crisis environment and elaborate on possible future scenarios.



Meet the Panel

Professor Sharon K. SANDEEN

Director of the IP Institute at Mitchell Hamline School of Law

Professor Nicolas BINCTIN

Professor of Law, University of Poitiers

Moderated by:

Partner at Elzaburu. Professor of IP Law. Member of Fide’s Academic Council.


Trade Secrets: A Re-Visited Business Tool Towards A New Rebound

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About our Speakers

Professor Sharon K. SANDEEN (CV)

Robins Kaplan LLP Distinguished Professor in Intellectual Property Law and Director of the IP Institute at Mitchell Hamline School of Law in Saint Paul, Minnesota. Fulbright-Hanken Distinguished Chair in Business and Economics for 2019-2020. A recognized expert on trade secret law, Professor Sandeen wrote (with E. Rowe) the first (and still only) casebook on the subject in the United States (Cases and Materials in Trade Secret Law) and Trade Secret Law in a Nutshell. In addition to her books, Professor Sandeen has written more than 30 articles and book chapters on intellectual property, internet, and information law topics, including detailed examinations of the drafting histories the Uniform Trade Secrets Act, Article 39 of the TRIPS Agreement, and the Defend Trade Secrets Act of 2016. Recently, she completed (with D.S. Levine) a new textbook titled “Information Law, Governance, and Cybersecurity.” A native of northern California, Professor Sandeen earned two degrees from the University of California Berkeley: a Bachelor of Arts degree in Political Science and an LL.M. from U.C. Berkeley School of Law. She earned her Juris Doctor degree from the University of the Pacific, McGeorge School of Law. Professor Sandeen is a fellow of the American Bar Foundation, a member of the American Law Institute (ALI), and a member of the Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP).

Professor Nicolas BINCTIN (CV)

Professor at the Faculty of Law of the University of Poitiers, where he manages a postgraduate program on Research and Innovation Development Law and a postgraduate program on IP Law. Nicolas Binctin teaches Business and Intellectual Property Law in its various components, in Universities of Poitiers, Paris XII-UPEC, and Paris II Assas-Panthéon. He has been invited professor since 2015 by the Academy of Organisation Africaine de la propriété intellectuelle (OAPI) in Yaoundé, Cameroun, the Louvain La Neuve University, Belgium, and the Djibouti University, and visiting professor at Bocconi University, Milan, Italy. He is regularly invited to lecture at many conferences all over the world. Author of a thesis entitled Le capital intellectuel, he has published many articles in French and English, a monography on Corporate strategy and IP, and the 6th edition of his Law book on French and European IP law, published in September 2020, as well as many key contributions on Trade Secret and Secret knowledge following the implementation of the EU Directive 2016/943.


Specialist in technology transfer, information technology, unfair competition, copyright, image rights, corporate reputation, and advertising matters, both in transactions and litigious matters. Formerly the Partner responsible for industrial and intellectual property at the Madrid office of a multinational law firm. Previously a legal advisor to several companies in the information technology and technology consultancy sectors. Professor and Director of IP programmes at the IE Law School, Madrid. Visiting Professor at Carlos III University (EU Law Master’s programme) and Madrid Autonomous University (Intellectual Property Master’s programme). Professor at WIPO Academy. International Panelist, WIPO Arbitration and Mediation Center. Member of FIDE’s Academic Council and Director of its Annual Industrial and Intellectual Property Congress and Co-director of the International Congress on Artificial Intelligence and Intellectual Property.

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