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Portrait of Ana Nordberg. Photo.

Ana Nordberg

Senior lecturer

Portrait of Ana Nordberg. Photo.

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

Author

  • Ana Nordberg

Editor

  • Jens Schovsbo
  • Timo Minssen
  • Thomas Riis

Summary, in English

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 considerable challenge to trade secrets as a legal concept.

Department/s

  • Human Rights Law
  • Health Law
  • Lund University Centre for Business Law (Swedish abbr: ACLU)
  • Department of Law

Publishing year

2020-07

Language

English

Pages

194-220

Publication/Series

The Harmonization and Protection of Trade Secrets in the EU : An Appraisal of the EU Directive

Document type

Book chapter

Publisher

Edward Elgar Publishing Ltd.

Topic

  • Law

Keywords

  • Trade secrets
  • AI & IP
  • Trade secret directive
  • Undisclosed commercial information
  • AI & trade secrets
  • Big data & IP
  • Civilrätt

Status

Published

Research group

  • Human Rights Law
  • Health Law
  • Lund University Centre for Business Law (Swedish abbr: ACLU)

ISBN/ISSN/Other

  • ISBN: 978 1 78897 333 5