The Case Against the Protection of Negative Trade Secrets: Sisyphus’ Entrepreneurship

Abstract

In this research paper, I submit that the laws that protect trade secrets should tolerate (and even allow for) the reporting of “failure” in previous avenues of research. I argue that such “negative” information (or failure) constitute “Negative Trade Secrets,” and as such should not be protected as regular trade secrets. I contend that placing such “Negative Trade Secrets” in the public domain would revitalize and invigorate entrepreneurship, research, and development. My assertion is that the laws protecting trade secrets should not include, within their protections, information pertaining to “failures” in previous avenues of research.

Keywords: trade secrets, Negative Trade Secrets, failure in previous avenues of research, failure as a trade secret, R&D failure, entrepreneurship, research and development, TRIPS article 39