Secrecy is dead - Long live trade secrets

Research output: Contribution to journalArticle

3 Citations (Scopus)

Abstract

The future of intellectual property is in trade secrets. Changes to patent law make obtaining a patent more costly in some cases and impossible in others. The relentless spread of networked computing, with its inevitable vulnerabilities, and digital data make non-legal means of maintaining secrecy increasingly unreliable. Innovators will be forced to turn to trade secrets. This newfound prominence for trade secrecy will generate tensions with freedom of speech protections, federalism, and the balance between civil and criminal enforcement. The Article, part of a symposium on the Future World IP by the Denver Law Review, closes with a set of testable empirical predictions to evaluate its claims.

Original languageEnglish (US)
Pages (from-to)833-853
Number of pages21
JournalDenver University Law Review
Volume93
Issue number4
StatePublished - 2016

Fingerprint

secrecy
patent law
freedom of opinion
innovator
intellectual property
federalism
patent
vulnerability
Law

ASJC Scopus subject areas

  • Law

Cite this

Secrecy is dead - Long live trade secrets. / Bambauer, Derek E.

In: Denver University Law Review, Vol. 93, No. 4, 2016, p. 833-853.

Research output: Contribution to journalArticle

@article{89e9c2d466ca4600b387a56126851d9f,
title = "Secrecy is dead - Long live trade secrets",
abstract = "The future of intellectual property is in trade secrets. Changes to patent law make obtaining a patent more costly in some cases and impossible in others. The relentless spread of networked computing, with its inevitable vulnerabilities, and digital data make non-legal means of maintaining secrecy increasingly unreliable. Innovators will be forced to turn to trade secrets. This newfound prominence for trade secrecy will generate tensions with freedom of speech protections, federalism, and the balance between civil and criminal enforcement. The Article, part of a symposium on the Future World IP by the Denver Law Review, closes with a set of testable empirical predictions to evaluate its claims.",
author = "Bambauer, {Derek E}",
year = "2016",
language = "English (US)",
volume = "93",
pages = "833--853",
journal = "Denver Law Review",
issn = "2469-6463",
publisher = "University of Denver Sturm College of Law",
number = "4",

}

TY - JOUR

T1 - Secrecy is dead - Long live trade secrets

AU - Bambauer, Derek E

PY - 2016

Y1 - 2016

N2 - The future of intellectual property is in trade secrets. Changes to patent law make obtaining a patent more costly in some cases and impossible in others. The relentless spread of networked computing, with its inevitable vulnerabilities, and digital data make non-legal means of maintaining secrecy increasingly unreliable. Innovators will be forced to turn to trade secrets. This newfound prominence for trade secrecy will generate tensions with freedom of speech protections, federalism, and the balance between civil and criminal enforcement. The Article, part of a symposium on the Future World IP by the Denver Law Review, closes with a set of testable empirical predictions to evaluate its claims.

AB - The future of intellectual property is in trade secrets. Changes to patent law make obtaining a patent more costly in some cases and impossible in others. The relentless spread of networked computing, with its inevitable vulnerabilities, and digital data make non-legal means of maintaining secrecy increasingly unreliable. Innovators will be forced to turn to trade secrets. This newfound prominence for trade secrecy will generate tensions with freedom of speech protections, federalism, and the balance between civil and criminal enforcement. The Article, part of a symposium on the Future World IP by the Denver Law Review, closes with a set of testable empirical predictions to evaluate its claims.

UR - http://www.scopus.com/inward/record.url?scp=84994403270&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=84994403270&partnerID=8YFLogxK

M3 - Article

VL - 93

SP - 833

EP - 853

JO - Denver Law Review

JF - Denver Law Review

SN - 2469-6463

IS - 4

ER -