Document Type
Book Chapter
Book Authors/Editors
Rochelle C. Dreyfuss, Katherine J. Strandburg, eds.
Publisher
Edward Elgar Publishing
Publication Date
2010
Abstract
The law of trade secrets is often conceptualized in bilateral terms, as creating and enforcing rights between trade secret owners, on the one hand, and misappropriators on the other hand. This paper, a chapter in a forthcoming collection on the law of trade secrets, argues that trade secrets and the law that guards them can serve structural and institutional roles as well. Somewhat surprisingly, given the law’s focus on secrecy, among the institutional products of trade secrets law are commons, or managed openness: environments designed to facilitate the structured sharing of information. The paper illustrates with examples drawn from existing literature on cuisine, magic, and Internet search.t
Recommended Citation
Michael J. Madison,
Open Secrets,
THE LAW AND THEORY OF TRADE SECRECY: A HANDBOOK OF CONTEMPORARY RESEARCH
(2010).
Available at:
https://scholarship.law.pitt.edu/fac_book-chapters/9
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