Trade Secret and Human Freedom
In INTELLECTUAL PROPERTY AND THE COMMON LAW (Cambridge University Press 2013), Forthcoming
19 Pages Posted: 14 Feb 2013
Date Written: February 14, 2013
Trade secret law has long sought to promote the freedom of employees to leave their employment and seek a better life. But recent accounts of this law rationalize trade secret as having one goal: promoting efficiency. Scholars argue that trade secret law prevents over-investment in secrets. This article turns to the common law roots of trade secret law and seeks to reinstate this law’s plural values, including the promotion of human freedom.
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