The (still) shaky foundations of trade secret law
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By rg bone · 1803 · cited by 60 — trade secret law prevents or greatly reduces the waste by giving firms a litigation alternative to self- help and by deterring appropriators. there are two ...
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BONE.ONLINE2.DOCX (DO NOT DELETE) 6/28/14 5:05 PM The (Still) Shaky Foundations of Trade Secret Law Robert G. Bone* Introduction Trade secret law is an odd member of the intellectual property family. It protects secrecy when its closest cousin, patent law, values public disclosure.1 Its liability rules focus on the method of appropriation when other intellectual property (IP) theories focus on the appropriation itself.2 These and other differences raise the question whether trade secret law actually makes sense as an independent body of law protecting information. In an article published about fifteen years ago, A New Look at Trade Secret Law: Doctrine in Search of Justification, I argued that it does not.3 In particular, I concluded that there is no convincing normative basis for an independent body of trade secret law distinct from other legal theories, such as contract. Much has happened in the past fifteen years. Trade secrecy continues to be an important IP strategy for many firms...
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By e gabbay · cited by 18 — this article is brought to you for free and open access by flash: the fordham law archive of scholarship and. history. it has been accepted for inclusion in ...
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