Open Secrets

THE LAW AND THEORY OF TRADE SECRECY: A HANDBOOK OF CONTEMPORARY RESEARCH, Rochelle C. Dreyfuss, Katherine J. Strandburg, eds., Edward Elgar Publishing, 2010

U. of Pittsburgh Legal Studies Research Paper No. 2009-22

18 Pages Posted: 16 Aug 2009 Last revised: 25 May 2014

See all articles by Michael J. Madison

Michael J. Madison

University of Pittsburgh - School of Law

Date Written: August 14, 2009

Abstract

The law of trade secrets is often conceptualized in bilateral terms, as creating and enforcing rights between trade secret owners, on the one hand, and misappropriators on the other hand. This paper, a chapter in a forthcoming collection on the law of trade secrets, argues that trade secrets and the law that guards them can serve structural and insitutional roles as well. Somewhat surprisingly, given the law’s focus on secrecy, among the institutional products of trade secrets law are commons, or managed openness: environments designed to facilitate the structured sharing of information. The paper illustrates with examples drawn from existing literature on cuisine, magic, and Internet search.

Keywords: intellectual property, trade secrets, commons

JEL Classification: K11, L22, O31, O34

Suggested Citation

Madison, Michael J., Open Secrets (August 14, 2009). THE LAW AND THEORY OF TRADE SECRECY: A HANDBOOK OF CONTEMPORARY RESEARCH, Rochelle C. Dreyfuss, Katherine J. Strandburg, eds., Edward Elgar Publishing, 2010 , U. of Pittsburgh Legal Studies Research Paper No. 2009-22, Available at SSRN: https://ssrn.com/abstract=1452805

Michael J. Madison (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
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412-648-2648 (Fax)

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