Degrees of Secrecy: Factual Secrets and Trade Secrets in Data
Type
conference paper
Date Issued
2024-09
Author(s)
Abstract
To secure the value from their intellectual assets, firms use intellectual property protection mechanisms (IPPM). Amongst the types of IPPM, secrets are increasingly recognized as crucial for the protection of data. While there is significant research addressing nuances in the degree of each IPPM (for example, the degree of technological complexity, scope of a patent or breadth of a trademark), secrets are treated as not offering variation – the IP is secret, or it is not. This research, based on 55 interviews with firms holding valuable data, instead finds that firms can and do select from different degrees of secrets. This paper develops and explores the conceptual differences between factual and trade secrets, finding that firms can and do select the degree of secrecy based on regulatory constraints, expected value, the expected intended spread of the knowledge and the perceived effectiveness of the degree of secrets as an IPPM.
Language
English
HSG Classification
contribution to scientific community
Event Title
European Policy for Intellectual Property Association Conference (EPIP)
Event Location
Pisa (Italy)