Thursday 22 October 2009

Can One Contract Around a Trade Secret?: Further Comments

I do not usually follow up a blog post. I will make exception, however, in connection with the blog post of Monday, "Can One Contract Around a Trade Secret"? The Comments received (8 at last count) have been thoughtful, indeed instructive, about the uncertainties surrounding trade secrets and their treatment under various laws. In particular, there appears to be significant divide between the US position (or at least one view of the position), on the one hand, and the English legal tradition on the other.

I urge readers who have not followed these Comments to have a look at them. I would also encourage additional readers to add their Comments to the discussion. I am especially interested in comments from readers who practice under the civil law tradition. Is the position under the civil law more like the US, or English position, or does it stake out a "third way" to understand the nature of trade secret rights?

One thing has become clear: there are many aspects of trade secrets law that do not yield a single answer. We hope to consider further several of these aspects in future blog posts.

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