Thesis (Ph. D.)--Claremont Graduate School, 1997. / Includes bibliographical references (leaves 386-401).

This paper compares the arbitral procedures used in different legal systems and evaluates their suitability for international intellectual property disputes. By doing so, it will identify many obstacles to the realization of an international arbitral regime responding to intellectual property disputes.

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This thesis examines the balance between copyright owners and users by studying the nature of the rights and exceptions related to transmission of copyrighted works over the internet, focusing on three different jurisdictions: Australia, Japan and the United States.The choice of Japan and the United States is based on consideration of the following elements: 1. Both countries possess advanced information technology; 2. Both countries too the lead in legislating for copyright protection in the digital environment; 3. Both countries have different legal systems. In the matter of statutory reaction of transmission of works over the internet, there is no uniform solution around the world as the divergent laws in the three chosen countries demonstrate.

An evaluation of American higher education distance education programs was conducted to explore how they approach intellectual property, copyright and information sharing/antitrust policy concerns for Internet-based programs. An evaluation of the current status of distance education and Internet-based training in higher education was conducted through a pilot study that included a random sample of 223 accredited institutions. Seventy-seven institutions responded to a survey, of which there were 14 Research I&II, 17 Doctorate I&II, and 46 Master's I&II institutions included in this study. A review of institutional policy approaches for these 77 institutions was conducted via Internet Web site and bulletin review. A multiple-case study was also conducted which included 10 of the top 30 accredited distance education institutions in America. Policy approaches were examined for all institutions and differences were discussed for public and private institutions as well as the following Carnegie Class institutions- Research I&II, Doctorate I&II and Master's I&II. Ten percent of all institutions that responded to the pilot study developed a written policy addressing antitrust/information-sharing concerns. Additionally, the data indicated that 22% of institutions in these Carnegie Class ranges published copyright and intellectual property policy on their institutions' Internet Web site. Ninety percent of the institutions in the case study advised of central control for the distance education program, as well as central control for copyright and intellectual property policy.

This thesis reports on the economic analysis of trade secrets via data collected from prosecutions under the U.S. Economic Espionage Act (EEA.) Ratified in 1996, the EEA increases protection for trade secrets by criminalizing the theft of trade secrets. The empirical basis of the thesis is a unique database constructed using EEA prosecutions from 1996 to 2008. A critical and empirical analysis of these cases provides insight into the use of trade secrets. The increase in the criminal culpability of trade secret theft has important impacts on the use of trade secrets and the incentives for would-be thieves. A statistical analysis of the EEA data suggest that trade secrets are used primarily in manufacturing and construction. A cluster analysis suggests three broad categories of EEA cases based on the type of trade secret and the sector of the owner. A series of illustrative case studies demonstrates these clusters. A critical analysis of the damages valuations methods in trade secrets cases demonstrates the highly variable estimates of trade secrets. Given the criminal context of EEA cases, these valuation methods play an important role in sentencing and affect the incentives of the owners of trade secrets. The analysis of the lognormal distribution of the observed values is furthered by a statistical analysis of the EEA valuations, which suggests that the methods can result in very different estimates for the same trade secret. A regression analysis examines the determinants of trade secret intensity at the firm level. This econometric analysis suggests that trade secret intensity is negatively related to firm size. Collectively, this thesis presents an empirical analysis of trade secrets.