technologia: Trade secret

Evidence: 100 • authority: 72

A trade secret is a type of intellectual property that protects a formula, process, or other business information that is valuable because it is not generally known or readily ascertainable and that the owner keeps secret in order to maintain a competitive advantage. Well-known examples of trade secrets include the formula for Coca-Cola, the recipe for Kentucky Fried Chicken, and the formula for Zildjian bronze cymbals. Unlike other forms of intellectual property, trade secrets normally do not require formal registration, and they can remain protected indefinitely as long as they continue to meet the legal requirements for trade secret status. Instead, non-disclosure agreements (NDAs), amon…

Evidence: 59 • authority: 72

Intellectual property (IP) is a category of property that includes intangible creations of the human intellect, while intellectual property rights ("IPR") are rights empowering the creator or owner of an intellectual property asset to use it and to prevent others from doing so. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property was developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property beca…

Evidence: 59 • authority: 72

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO. The TRIPS agreement introduced intellectual property law into the multilateral trading system for the first time and remains the most comprehensive multilateral agreement on in…

Evidence: 54 • authority: 88

AI Secrets Registration. The surprisingly rapid development of Artificial Intelligence (AI) and its increasingly sweeping use across industries are testing the resilience of traditional intellectual property doctrines. Trade secret law is equally experiencing a doctrinal reshuffle as it becomes an important mechanism for protecting what this article terms “AI secrets.” While this protection incentivizes continuous innovation and sustains long-term investment, firms' unrestrained reliance on trade secrecy poses a pressing issue: it legally constructs an opacity that severely exacerbates AI transparency concerns and constrains meaningful stakeholder scrutiny.<br><br>Current scholarship and re…

Evidence: 54 • authority: 92

Intellectual property (IP) rights governance and related value mechanisms in Common European Data Spaces.. Common European Data Spaces (CEDS) are EU initiatives aimed at establishing secure, trustworthy, and multi-stakeholder data ecosystems in strategic sectors and domains to enable controlled access, sharing, and re-use of data. This article adopts a doctrinal and policy-oriented approach to examine the legal challenges of operationalising data sovereignty in CEDS through the governance of intellectual property (IP) rights. It analyses the intersections between relevant international and EU IP regimes-on copyright, the sui generis database right, trade secrets, and patents-and the EU data…

Evidence: 49 • authority: 72

A trademark (also written trade mark or trade-mark) is a type of intellectual property that consists of a word, phrase, symbol, design, or combination thereof that identifies a product or service from a particular source and distinguishes it from others. Trademarks also extend to non-traditional marks like drawings, symbols, 3D shapes like product designs or packaging, sounds, scents, or specific colors used to create a unique identity. For example, Pepsi is a registered trademark associated with soft drinks, and the distinctive shape of the Coca-Cola bottle is a registered trademark protecting Coca-Cola's packaging design. The primary function of a trademark is to identify the source of go…

Evidence: 47 • authority: 92

Artificial intelligence, intellectual property, and human rights: mapping the legal landscape in European health systems.. Intellectual property (IP) rights and IP-related rights, such as trade secrets and regulatory exclusivities, play a crucial role in the development and deployment of artificial intelligence (AI) technologies. However, possible interactions may be anticipated when comparing the legal relationships formed by these rights with those established by human rights. This study synthesises 53 laws and treaties illustrating the IP landscape for AI in health systems across Europe and examines their intersections with health-focused human rights. Our analysis reveals that a great v…

Evidence: 44 • authority: 88

23. Trade Secrets. This chapter deals with the legal protection of trade secrets. Traditionally, trade secret protection was left to the national laws of Member States. These national regimes are rooted firmly in existing legal rules in the areas of unfair competition, tort, or breach of confidence. And there is also the “Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use, and disclosure”. The Directive seeks to impose on Member States a minimal form of harmonization and uniformity. It does not impose a (Community) right in relation to a trade secret, but it works with a common basic definition of a trade secr…

Evidence: 42 • authority: 88

29. Confidentiality and trade secrets. This chapter discusses law on confidentiality and trade secrets. It covers the historical development of the law of breach of confidence; the three essential elements necessary in a claim for breach of confidence; remedies for breach of confidence; and the impact of the internationalization of the law of intellectual property.

Evidence: 39 • authority: 88

Against Trade Secrets Protection for "Semi-public" Databases. This article examines whether trade secrets law should be applied to protect "semi-public" databases with frontend data access that is open to the public. It argues that the incentive-based justification, whether grounded in the traditional rationale or reframed through an investment lens, does not provide a compelling basis for extending protection. The business efficiency rationale may arguably support trade secrets protection only where frontend access is restricted to a clearly defined and limited group of users. By contrast, when access is open to an indefinite public, ambiguous legal standards fail to mitigate inefficiencie…

Evidence: 39 • authority: 88

Did the Defend Trade Secrets Act Spur the Reliance on Trade Secrets?. This paper explores whether the U.S. Defend Trade Secrets Act (DTSA) increased the declaration of trade secrets. Leveraging cross-sectoral variation in the importance of trade secrets prior to the DTSA, empirical results show that the DTSA was followed by an increase in the intensive margin of trade secrets declaration in service industries, not in manufacturing industries though. The extensive margin of trade secret declaration increased in both services and manufacturing, where the surge was strongest in manufacturing. The extensive margin increased most strongly for manufacturing with a high sectoral R&amp;D intensity.…

Evidence: 39 • authority: 92

Industrializing traditional medical knowledge in China: an integrated governance framework for addressing institutional fragmentation.. Introduction Traditional medical knowledge (TMK) plays an increasingly important role in contemporary health systems, yet its industrialization remains constrained by fragmented governance across knowledge registration, standardization, and intellectual property (IP) protection. This study examines the institutional barriers affecting TMK industrialization in China within the broader context of public health governance and innovation systems. Methods Using qualitative institutional analysis of policy and regulatory documents, this study investigates the ins…