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Folly Beach Library
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Edgar Allan Poe/Sullivan's Island Library
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Wando Mount Pleasant Library
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Village Library
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Phone: (843) 884-9741
St. Paul's/Hollywood Library
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Otranto Road Library
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McClellanville Library
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Hurd/St. Andrews Library
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Miss Jane's Building (Edisto Library Temporary Location)
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Dorchester Road Library
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John L. Dart Library
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Phone: (843) 722-7550
Baxter-Patrick James Island
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Phone: (843) 795-6679
Main Library
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Phone: (843) 805-6930
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TRADE SECRET FAIR USE.
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- Author(s): Varadarajan, Deepa
- Source:
Fordham Law Review; Dec2014, Vol. 83 Issue 3, p1401-1454, 54p- Subject Terms:
- Source:
- Additional Information
- Subject Terms:
- Subject Terms:
- Abstract: Trade secret law arose to help companies protect confidential information (e.g., the Coca-Cola formula) from competitors seeking to copy their innovative efforts. But companies increasingly use trade secret law to block a wide swath of information from the scrutinizing eyes of consumers, public watchdog groups, and potential improvers. Companies can do this, in part, because trade secret law lacks clear limiting doctrines that consider the social benefits of unauthorized use. For example, trade secret law makes no allowance for the departing employee that uses proprietary information to create a substantially improved product or disclose public health risks. This Article argues that trade secret law's indifference to the social benefits of unauthorized use stands in contrast to other intellectual property doctrines, like patent and copyright. Copyright law incorporates the affirmative defense of "fair use," which aims to protect a variety of unauthorized but socially beneficial uses of another's copyrighted work (e.g., educational uses). To a lesser extent, patent law's reverse doctrine of equivalents and remedies analysis direct courts to consider the social benefits of a defendant's technological improvement. Such limiting doctrines act as safety valves to reconcile intellectual property rights with competing cumulative innovation and First Amendment interests. This Article demonstrates the merits of a similar safety valve in trade secret law and argues that courts should adopt a multi-factor "trade secret fair use" analysis to better address these competing concerns. [ABSTRACT FROM AUTHOR]
- Abstract: Copyright of Fordham Law Review is the property of Fordham University School of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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