Rochelle Cooper Dreyfuss (New York University - School of Law) has posted Trade Secrets and Deep Secrets (Research Handbook on Unfair Competition and Passing Off (Graeme B. Dinwoodie and Ansgar Ohly eds. Edward Elgar Publishing, forthcoming)) on SSRN. Here is the abstract:
Unlike other IP law, trade secrecy protection lacks an express cutoff point. Instead, exclusivity ends through independent invention, reverse engineering, and in reliance on defenses that shield certain types of disclosure from liability. But as trade secrecy claims have become more popular, it has become clear that there is information that is not revealed in any of these ways, which is nonetheless necessary to protect social welfare. Examples include the knowhow needed to manufacture crucial medical supplies; the algorithms and training data required to protect fundamental rights from AI-driven decision-making; and the manufacturing, diagnostic, repair, and component information that facilitates the development of a circular economy. This paper discusses proactive ways to require the disclosure of these "deep secrets" while fulfilling the legitimate goals of trade secrecy law.
Highly recommended.
