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Rochelle C. Dreyfuss and Katherine J. Strandburg

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The Law and Theory of Trade Secrecy

A Handbook of Contemporary Research

Edited by Rochelle C. Dreyfuss and Katherine J. Strandburg

This timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships.
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Michael J. Madison, Katherine J. Strandburg and Brett M. Frischmann

This chapter describes a systematic approach to studying knowledge commons as an institutional mode of governance of knowledge and information resources. “Knowledge commons” refers to an institution (commons) for governing production, use, and/or preservation of a particular resource (knowledge or information, including resources linked to innovative and creative practice). “Commons” refers to a form of community management or governance. It applies to a resource, and it involves a group or community of people who share access to and/or use of the resource. “Commons” is the institutional arrangement of these elements and their coordination via combinations of law and other formal rules; social norms, customs, and informal discipline; and technological and other material constraints. “Knowledge” has broad scope, in order to permit knowledge commons researchers to capture and study a wide range of commons institutions and to highlight the importance of examining knowledge commons governance as part of dynamic, ecological contexts.