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Trade Secrets, Big data and Artificial Intelligence Innovation: a Legal Oxymoron?

Nordberg, Ana LU (2020) p.194-220
Abstract
This chapter will analyse the Trade secret Directive from a technological informed legal perspective, looking at the possibilities and scope of protection that it offers for knowledge based activities and business models. It opens by restating the basic yet important fact that “Information is power”. Asymmetries in information are a fundamental transaction cost and in this sense informational quality and quantity translates into economic competitive advantage. Different types of informational resources have for long been an important asset of businesses. Informational technologies, automated data retrieval and cross reference will produce large quantities of valuable data that can be used for research, development and marketing of all... (More)
This chapter will analyse the Trade secret Directive from a technological informed legal perspective, looking at the possibilities and scope of protection that it offers for knowledge based activities and business models. It opens by restating the basic yet important fact that “Information is power”. Asymmetries in information are a fundamental transaction cost and in this sense informational quality and quantity translates into economic competitive advantage. Different types of informational resources have for long been an important asset of businesses. Informational technologies, automated data retrieval and cross reference will produce large quantities of valuable data that can be used for research, development and marketing of all types of products and services. Big data is not static data, is real time data, searchable and able to produce new data. Such data will constitute an important immaterial asset and trade secrets an important form of legal protection. However, and as a reverse side of the coin, Artificial Intelligence and data mining tools pose a huge challenge to trade secrets as a legal concept. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
in press
subject
keywords
Private law, Civilrätt
host publication
The Harmonization and Protection of Trade Secrets in the EU : An Appraisal of the EU Directive - An Appraisal of the EU Directive
editor
Schovsbo, Jens ; Minssen, Timo ; Riis, Thomas ; ; and
pages
194 - 220
publisher
Edward Elgar Publishing
language
English
LU publication?
yes
id
6752c40a-991b-4d9c-a9d2-37eaee928d2d
date added to LUP
2018-02-27 14:59:25
date last changed
2020-05-27 08:30:39
@inbook{6752c40a-991b-4d9c-a9d2-37eaee928d2d,
  abstract     = {This chapter will analyse the Trade secret Directive from a technological informed legal perspective, looking at the possibilities and scope of protection that it offers for knowledge based activities and business models. It opens by restating the basic yet important fact that “Information is power”. Asymmetries in information are a fundamental transaction cost and in this sense informational quality and quantity translates into economic competitive advantage. Different types of informational resources have for long been an important asset of businesses. Informational technologies, automated data retrieval and cross reference will produce large quantities of valuable data that can be used for research, development and marketing of all types of products and services.  Big data is not static data, is real time data, searchable and able to produce new data. Such data will constitute an important immaterial asset and trade secrets an important form of legal protection. However, and as a reverse side of the coin, Artificial Intelligence and data mining tools pose a huge challenge to trade secrets as a legal concept. },
  author       = {Nordberg, Ana},
  booktitle    = {The Harmonization and Protection of Trade Secrets in the EU  : An Appraisal of the EU Directive},
  editor       = {Schovsbo, Jens and Minssen, Timo and Riis, Thomas },
  language     = {eng},
  pages        = {194--220},
  publisher    = {Edward Elgar Publishing},
  title        = {Trade Secrets, Big data and Artificial Intelligence Innovation: a Legal Oxymoron?},
  year         = {2020},
}