Nitiparitat Journal

Legal Frameworks for Trade Secrets Protection: A Comparative Study of Definition, Infringement, and Defense in the United States, European Union, China, and Thailand

2024-11-26T09:13:47+07:00

This paper explores the legal frameworks for trade secrets protection in the United States, European Union, China, and Thailand. Overall, trade secrets law in all selected frameworks revolves around confidentiality and economically valuable information against unauthorized use or disclosure. However, the approaches to achieving this protection vary across jurisdictions. The United States employs statutory protections through the Uniform Trade Secrets Act (UTSA) and Defend Trade Secrets Act (DTSA). The European Union tries to harmonize its laws through the Trade Secrets Directive but faces uniformity challenges among member states. China has progressively developed trade secrets protection and is considered to offer one of the strongest protections among selected jurisdictions. Thailand’s Trade Secrets Act demonstrates efforts to integrate global standards but struggles with ambiguities in interpretation and too strict requirements. This paper observes the historical development of the laws, the definition of trade secrets, infringement action, and available defenses or exceptions of each jurisdiction. These jurisdictions were chosen due to the strong and evolving nature of their legal framework as comparative models for Thailand. This comparative study also highlights key issues of trade secrets protection in each selected system to contribute to the broader understanding of global trade secrets protection and offer insights for improving Thailand’s trade secrets regime.

A Study in Limitation of Lon L. Fuller’s Natural Law Philosophy through Scientific Endeavors on Humans Depicted in Poor Things

2024-06-18T09:01:23+07:00

“Poor Things” is a movie that portrays a reincarnation-like revival of a deceased woman who was subjected to scientific experiment by transplanting the brain of her unborn fetus into her own skull, leading to the profound incompatibility between her body and consciousness. Additionally, the film features other experiments in which the father conducted scientific endeavors on his child, as well as one character using it as a mean of vengeance.

Hence to analyze the scientific acts conducted in this film, this study employs Lon L. Fuller’s philosophy, a contemporary natural law theory, to answer the justification, legality through Two Moralities, Internal Morality, and The Principle of Consent as well as The Principle of Collaboration, and whether it is plausible to conduct such experiments in reality. This study aims to demonstrate that Lon L. Fuller’s ideology is inadequate to address the correlation of his doctrine when used to apply the scientific endeavors depicted in “Poor Things.”

The Right to Assisted Suicide: A Jurisprudential Analysis on the Rulings of The European Court of Human Rights

2024-06-18T09:49:13+07:00

The European Convention on Human Rights acknowledges, The Right to Life by articulating in Article 2 of the Convention that the lives of individuals be protected by law, member states have the duty to ensure that no person be deprived of their life by unlawful means.

Inquisitively, a number of individuals have asserted claims against the state before the European Court of Human Rights regarding the ‘Right to Assisted Suicide’ on grounds of the Right to respect for private life under Article 8 of the same convention, which restricts state interference in regard to the individual’s liberty and personal autonomy.

Interestingly, the rulings of the ECtHR had progressively shifted from declaring them inadmissible with regards to the state’s duty under Article 2, to recognizing that claims of such a right could fall in the scope of Article 8. This paradigm shift in the Court’s reasoning has raised concerns, primarily about the conflicting interests between the state’s duty to protect life and the individual’s personal autonomy, and subsequently on the role of the judiciary in the establishment of new legal norms through the adjudication process; the acclaimed ‘Right to Assisted Suicide’.

This paper intends to provide an analysis on how the ECtHR’s altered stance on its rulings could be understood through a jurisprudential point of view, involving two contrasting concepts in jurisprudence: H.L.A Hart’s Rule of Recognition, and Ronald Dworkin’s Rights Thesis., despite their difference in methodologies, an Despite their contrasting nature, both theories can provide an explanation of how the judicial decision-making process functions in a legal penumbra, which , be used to justify thereby grounding jurisprudential action for legal decisions in difficult cases such as the same rulings of ECtHR’s. This phenomenon of contradicting theories leading to the same outcome must be highlighted on the asserted ‘Right to Assisted Suicide’ Therefore, the probability of deviating outcomes resulting from the implementation of legal theories must be highly considered and understood, especially in the field of jurisprudence where outcomes of judicial decisions have direct impact on individual rights.

Assisted Suicide and Euthanasia: Murder or Mercy? Natural Law School vs Legal Positivism vs Historical School

2024-07-12T23:16:37+07:00

Passive euthanasia is generally accepted worldwide, including Thailand, as the such action does not shorten the time of natural death, but allows natural death without prolonging the time (not shortening not prolonging). In contrast, active euthanasia and assisted suicide, which shorten the time to natural death, are accepted in certain countries. This action requires consent from the person wishing to end their life. Both active euthanasia and assisted suicide have still been illegal in Thailand. This article aims to 1) to discuss if active euthanasia and assisted suicide, it is a crime or mercy by explaining using the perspectives of three schools of legal philosophy, i.e., natural law school, legal positivism, and historical school, and 2) to present a model for creating legislation for voluntary active euthanasia, assisted suicide, and involuntary active euthanasia in in persistent vegetative state (PVS) patients from the discussion.