IDEAS home Printed from https://ideas.repec.org/p/bol/bodewp/wp1150.html
   My bibliography  Save this paper

Trade secrets law

Author

Listed:
  • Luigi Alberto Franzoni

Abstract

The standardisation of trade secret protection was one of the goals of the TRIPs Agreement of 1998. Nevertheless, substantial differences in this protection remain across jurisdictions. When defining the optimal scope of trade secrets law, lawmakers should be aware that strong trade secret protection is likely to promote inventiveness, but it is also likely to hinder the diffusion of knowledge and prevent competition.

Suggested Citation

  • Luigi Alberto Franzoni, 2020. "Trade secrets law," Working Papers wp1150, Dipartimento Scienze Economiche, Universita' di Bologna.
    • Handle: RePEc:bol:bodewp:wp1150
    as

    Download full text from publisher

    File URL: http://amsacta.unibo.it/6408/1/WP1150.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Fosfuri, Andrea & Ronde, Thomas, 2004. "High-tech clusters, technology spillovers, and trade secret laws," International Journal of Industrial Organization, Elsevier, vol. 22(1), pages 45-65, January.
    2. Bronwyn Hall & Christian Helmers & Mark Rogers & Vania Sena, 2014. "The Choice between Formal and Informal Intellectual Property: A Review," Journal of Economic Literature, American Economic Association, vol. 52(2), pages 375-423, June.
    3. Barankay, Iwan & Contigiani, Andrea & Hsu, David, 2018. "Trade Secrets and Innovation: Evidence from the “Inevitable Disclosure†Doctrine," CEPR Discussion Papers 13077, C.E.P.R. Discussion Papers.
    4. Andrea Contigiani & David H. Hsu & Iwan Barankay, 2018. "Trade secrets and innovation: Evidence from the “inevitable disclosure” doctrine," Strategic Management Journal, Wiley Blackwell, vol. 39(11), pages 2921-2942, November.
    5. Bronwyn H. Hall & Christian Helmers & Mark Rogers & Vania Sena, 2013. "The importance (or not) of patents to UK firms," Oxford Economic Papers, Oxford University Press, vol. 65(3), pages 603-629, July.
    6. Mark F. Schultz & Douglas C. Lippoldt, 2014. "Approaches to Protection of Undisclosed Information (Trade Secrets): Background Paper," OECD Trade Policy Papers 162, OECD Publishing.
    7. I. P. L. Png, 2017. "Law and Innovation: Evidence from State Trade Secrets Laws," The Review of Economics and Statistics, MIT Press, vol. 99(1), pages 167-179, March.
    8. Kenneth Arrow, 1962. "Economic Welfare and the Allocation of Resources for Invention," NBER Chapters, in: The Rate and Direction of Inventive Activity: Economic and Social Factors, pages 609-626, National Bureau of Economic Research, Inc.
    9. Wesley M. Cohen & Richard R. Nelson & John P. Walsh, 2000. "Protecting Their Intellectual Assets: Appropriability Conditions and Why U.S. Manufacturing Firms Patent (or Not)," NBER Working Papers 7552, National Bureau of Economic Research, Inc.
    10. Allen, Robert C., 1983. "Collective invention," Journal of Economic Behavior & Organization, Elsevier, vol. 4(1), pages 1-24, March.
    11. Franzoni, Luigi Alberto & Kaushik, Arun Kumar, 2016. "The optimal scope of trade secrets law," International Review of Law and Economics, Elsevier, vol. 45(C), pages 45-53.
    12. Contigiani, Andrea & Hsu, David H. & Barankay, Iwan, 2018. "Trade secrets and innovation: Evidence from the "inevitable disclosure" doctrine," Discussion Papers, Research Unit: Economics of Change SP II 2018-303, WZB Berlin Social Science Center.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Hyo Kang & Wyatt Lee, 2022. "How innovating firms manage knowledge leakage: A natural experiment on the threat of worker departure," Strategic Management Journal, Wiley Blackwell, vol. 43(10), pages 1961-1982, October.
    2. Hussingera, Katrin & Issahd, Wunnam, 2022. "Trade secret protection and R&D investment of family firms," ZEW Discussion Papers 22-039, ZEW - Leibniz Centre for European Economic Research.
    3. Wang, Runhua, 2021. "Information asymmetry and the inefficiency of informal ip strategies within employment relationships," Technological Forecasting and Social Change, Elsevier, vol. 162(C).
    4. Dan Hu & Eunju Lee & Bingxin Li, 2023. "Trade secrets protection and stock price crash risk," The Financial Review, Eastern Finance Association, vol. 58(2), pages 395-421, May.
    5. Telg, Nina & Lokshin, Boris & Letterie, Wilko, 2023. "How formal and informal intellectual property protection matters for firms' decision to engage in coopetition: The role of environmental dynamism and competition intensity," Technovation, Elsevier, vol. 124(C).
    6. Bernhard Ganglmair & Imke Reimers, 2019. "Visibility of Technology and Cumulative Innovation: Evidence from Trade Secrets Laws," CRC TR 224 Discussion Paper Series crctr224_2019_119v1, University of Bonn and University of Mannheim, Germany.
    7. Crass, Dirk & Valero, Francisco Garcia & Pitton, Francesco & Rammer, Christian, 2019. "Protecting Innovation Through Patents and Trade Secrets: Evidence for Firms with a Single Innovation," EconStor Open Access Articles and Book Chapters, ZBW - Leibniz Information Centre for Economics, vol. 26(1), pages 117-156.
    8. Klein, Michael A., 2022. "The reward and contract theories of patents in a model of endogenous growth," European Economic Review, Elsevier, vol. 147(C).
    9. Papazoglou, Michalis E. & Spanos, Yiannis E., 2021. "“Influential knowledge and financial performance: The role of time and rivals’ absorptive capacity”," Technovation, Elsevier, vol. 102(C).
    10. Wang, Yanzhi, 2023. "Trade secrets laws and technology spillovers," Research Policy, Elsevier, vol. 52(7).
    11. Klein, Michael A., 2020. "Secrecy, the patent puzzle and endogenous growth," European Economic Review, Elsevier, vol. 126(C).
    12. Evan Starr, 2019. "Consider This: Training, Wages, and the Enforceability of Covenants Not to Compete," ILR Review, Cornell University, ILR School, vol. 72(4), pages 783-817, August.
    13. Sofka, Wolfgang & de Faria, Pedro & Shehu, Edlira, 2018. "Protecting knowledge: How legal requirements to reveal information affect the importance of secrecy," Research Policy, Elsevier, vol. 47(3), pages 558-572.
    14. Katrin Hussinger & Wunnam Basit Issah, 2022. "Trade Secret Protection and R&D Investment of Family Firms," DEM Discussion Paper Series 22-11, Department of Economics at the University of Luxembourg.
    15. Boudreau, Kevin J. & Jeppesen, Lars Bo & Miric, Milan, 2022. "Profiting from digital innovation: Patents, copyright and performance," Research Policy, Elsevier, vol. 51(5).
    16. Crass, Dirk & Garcia Valero, Francisco & Pitton, Francesco & Rammer, Christian, 2016. "Protecting innovation through patents and trade secrets: Determinants and performance impacts for firms with a single innovation," ZEW Discussion Papers 16-061, ZEW - Leibniz Centre for European Economic Research.
    17. Stefan, Ioana & Bengtsson, Lars, 2017. "Unravelling appropriability mechanisms and openness depth effects on firm performance across stages in the innovation process," Technological Forecasting and Social Change, Elsevier, vol. 120(C), pages 252-260.
    18. Arora, Ashish & Athreye, Suma & Huang, Can, 2016. "The paradox of openness revisited: Collaborative innovation and patenting by UK innovators," Research Policy, Elsevier, vol. 45(7), pages 1352-1361.
    19. Pénin, Julien & Wack, Jean-Pierre, 2008. "Research tool patents and free-libre biotechnology: A suggested unified framework," Research Policy, Elsevier, vol. 37(10), pages 1909-1921, December.
    20. Martin Ganco & Cameron D. Miller & Puay Khoon Toh, 2020. "From litigation to innovation: Firms' ability to litigate and technological diversification through human capital," Strategic Management Journal, Wiley Blackwell, vol. 41(13), pages 2436-2473, December.

    More about this item

    JEL classification:

    • K0 - Law and Economics - - General
    • L1 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bol:bodewp:wp1150. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Dipartimento Scienze Economiche, Universita' di Bologna (email available below). General contact details of provider: https://edirc.repec.org/data/sebolit.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.