The “Actio Servi Corrupti” from the Roman Empire to the Globalised Economy

The “Actio Servi Corrupti” from the Roman Empire to the Globalised Economy
Anselm Kamperman Sanders

ISBN 978-90-411-8379-8
Kluwer Law International BV, The Netherlands

Unlike most ields of intellectual property law, the issue of unfair competition and trade secrets is addressed in international agreements in a rather incomplete manner. Article 10bis Paris Convention and the 1995 World Trade Organisation (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Article 39 offer no particular guidance let alone an obligation on how trade secrets should be protected. In the absence of large scale global labour mobility, this has thus far not presented a major problem. The TRIPS Agreement merely provides the conditions under which protection can be sought: