TY - JOUR A1 - Aplin, Tanya A1 - Radauer, Alfred A1 - Bader, Martin A1 - Searle, Nicola T1 - The Role of EU Trade Secrets Law in the Data Economy: An Empirical Analysis JF - IIC - International Review of Intellectual Property and Competition Law N2 - This article draws on a recently completed study for the European Commission on trade secrets in the data economy. It distils the main findings of that Study and advances it by reflecting on and analyzing these findings in the context of existing legal, management and economics literature, as well as their implications for EU legal policymaking when it comes to trade secrets law. In order to facilitate data sharing, the article argues for a cautious approach, with very modest legislative reforms to the EU Trade Secrets Directive, instead preferring soft law and practical steps to be taken. There is, however, greater scope to reform legal regimes that are complementary to EU trade secrets law, such as the sui generis database right. UR - https://doi.org/10.1007/s40319-023-01325-8 KW - Trade secrets KW - Data economy KW - Data sharing KW - Confidential and commercially valuable data KW - Contract KW - Copyright KW - Database right KW - EU legal policy Y1 - 2023 UR - https://doi.org/10.1007/s40319-023-01325-8 UR - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:bvb:573-37389 SN - 2195-0237 VL - 54 IS - 6 SP - 826 EP - 858 PB - Springer CY - Heidelberg ER - TY - JOUR A1 - Radauer, Alfred A1 - Searle, Nicola A1 - Bader, Martin T1 - The possibilities and limits of trade secrets to protect data shared between firms in agricultural and food sectors JF - World Patent Information N2 - Both public policy and business management are increasingly interested in how to manage trade secrets. One of the driving forces is the growing significance of data as an asset, as ‘oil of the 21st century'. Trade secrets are often seen as the major Intellectual Property (IP) tool for protecting data. There is also the understanding that the need to share data is increasing to allow for new types of innovation. This paper seeks to understand how data sharing practices and the use of trade secrets are evolving in the agricultural industries. Using explorative empirical data from four in-depth case studies, the paper develops a framework for data sharing practices, value sharing, and trade secrets use. We find that current data sharing practices pool around two scenarios, where data is not shared or shared only with limited partners (hence closed) and there are differences whether value created from the data is shared. We conclude that a nuanced view on the use of trade secrets in data sharing is mandated for both IP/data managers and scholars analysing the topic. UR - https://doi.org/10.1016/j.wpi.2023.102183 Y1 - 2023 UR - https://doi.org/10.1016/j.wpi.2023.102183 UR - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:bvb:573-38119 SN - 0172-2190 VL - 2023 IS - 73 PB - Elsevier CY - Amsterdam ER -