Dr Suzana Nashkova

Career Summary

Biography

Qualifications

• Doctor of Philosophy, University of Tasmania
• Masters in International & European Public & Private Law, University of Nicc-Sophia Antipolis - France
• Graduate Certificate in Research, University of Tasmania

Fields of Research

Professional Experience

UON Appointment

Academic appointment

Teaching appointment

Teaching

Publications

For publications that are currently unpublished or in-press, details are shown in italics.

Highlighted Publications

Journal article (7 outputs)

Conference (8 outputs)

Report (1 outputs)

Grants and Funding

Summary

Click on a grant title below to expand the full details for that specific grant.

20231 grants / $5,000

20221 grants / $2,500

20182 grants / $2,500

20162 grants / $202,000

20111 grants / $5,000

Research Supervision

Current Supervision

Past Supervision

Research Projects

Shifting Towards ‘Statutorisation’ of Trade Secrets Law in Australia: Necessity and Benefits 2023 -

The current economic environment featured by the dominance of knowledge-based economies has heightened the importance and the use of trade secrets as a ‘currency’ to attaining competitiveness in the market. The proliferation of trade secrets as a vehicle directed to this end finds its rationale in the advantages they offer over the alternative mechanisms for protection under the Intellectual Property (IP) law. For instance, if compared to patents, trade secrets: a) protect a wider scope of information; b) have a longer ‘lifespan’; c) do not require formal approval from a governmental agency as a prerequisite for establishing protection, which in turn makes them d) cheaper and faster to be obtained.

Yet espousing policies to govern the protection of trade secrets was not something that the regulatory and legislative policymakers were traditionally focused on. The lack of an adequate legislative framework resulted in an ever-increasing tendency of misuse i.e. unlawful acquisition, use, and disclosure of trade secrets. Albeit dated statistics reveal concerning results, prompting a conclusion that the situation in Australia has ‘spiralled out of control’, leading up to losses of AUD 12–18 billion, per year. The lack of adequate legislation leaves Australian trade secrets owners with little hope for prosecution or remedy where their trade secrets were misused and the ‘thieves’ left the country before they became aware of their actions or obtained sufficient evidence/proof to instigate proceedings. The negative effects of these actions often extend beyond the monetary losses for the trade secret owners and act as an impediment to trade secret owners’ incentives to engage in sharing and licensing of their assets, and in doing so, most directly affects the innovation. It could be hence argued that there is a need for legislative intervention in this area. The new laws will not just provide remedies in case of misuse but more importantly will have a deterrent effect against foreign spies before engaging in such activities.

This project aims to identify the impact that the lack of dedicated trade secrets legislation has on trade secrets owners. The project will rely on the data collected during semi-structured interviews conducted with approximately 20 trade secret owners. The findings from the interviews serve as a backdrop to inquiry into whether a statutory regulation is necessary and apt and if so, to outline the potential benefits of its enactment.

Research Opportunities

Dr Suzana Nashkova