The (Still) Shaky Foundations of Trade Secret Law

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  • August 3, 2015

Trade Secret law is a strange member of the intellectual property family with its goal to protect secrecy and liability rules that focus on the method of appropriation. In this article, Professor Bone furthers his view that trade secrets should not have a body of law distinct from other legal theories. He begins by briefly describing trade secret law and rehashing the main points of his 1998 article, where he first expressed that trade secret law should not be distinct. He then critically examines the arguments advanced by trade secrecy supporters since 1998. Finally, he explores the question of how best to handle the problem of limited empirics in general and in the context of trade secret law.