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

54(3) IDEA — The Intellectual Property Law Review 431 (2014)

47 Pages Posted: 9 May 2017

See all articles by Amir H. Khoury

Amir H. Khoury

Tel Aviv University - Buchmann Faculty of Law

Date Written: December 21, 2013

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

Suggested Citation

Khoury, Amir H., The Case Against the Protection of Negative Trade Secrets: Sisyphus’ Entrepreneurship (December 21, 2013). 54(3) IDEA — The Intellectual Property Law Review 431 (2014) . Available at SSRN: https://ssrn.com/abstract=2964707

Amir H. Khoury (Contact Author)

Tel Aviv University - Buchmann Faculty of Law ( email )

Ramat Aviv
Tel Aviv 69978, IL
Israel
(972)-36405263 (Phone)
(972)-3640 5349 (Fax)

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