TY - JOUR
T1 - The role of trade secrets law in the data economy
T2 - an empirical analysis
AU - Aplin, Tanya
AU - Radauer, Alfred
AU - Bader, Martin
AU - Searle, Nicola
PY - 2023/3/3
Y1 - 2023/3/3
N2 - This article draws on a recently completed study for the European Commission on trade secrets in the data economy. It distils the main findings of that Study and advances it by reflecting on and analyzing these findings in the context of existing legal, management and economics literature, as well as their implications for EU legal policymaking when it comes to trade secrets law. In order to facilitate data sharing, the article argues for a cautious approach, with very modest legislative reforms to the EU Trade Secrets Directive, instead preferring soft law and practical steps to be taken. There is, however, greater scope to reform legal regimes that are complementary to EU trade secrets law, such as the sui generis database right
AB - This article draws on a recently completed study for the European Commission on trade secrets in the data economy. It distils the main findings of that Study and advances it by reflecting on and analyzing these findings in the context of existing legal, management and economics literature, as well as their implications for EU legal policymaking when it comes to trade secrets law. In order to facilitate data sharing, the article argues for a cautious approach, with very modest legislative reforms to the EU Trade Secrets Directive, instead preferring soft law and practical steps to be taken. There is, however, greater scope to reform legal regimes that are complementary to EU trade secrets law, such as the sui generis database right
U2 - 10.1007/s40319-023-01325-8
DO - 10.1007/s40319-023-01325-8
M3 - Article
SN - 0018-9855
JO - IIC- INTERNATIONAL REVIEW OF INDUSTRIAL PROPERTY AND COMPETITION LAW
JF - IIC- INTERNATIONAL REVIEW OF INDUSTRIAL PROPERTY AND COMPETITION LAW
ER -