The Harmonization and Protection of Trade Secrets in the EU
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The Harmonization and Protection of Trade Secrets in the EU

An Appraisal of the EU Directive

Edited by Jens Schovsbo, Timo Minssen and Thomas Riis

This book addresses the growing importance of trade secrets in today's society and business and the related increase in litigation, media and scholarly attention, using the new EU Trade Secrets Directive as a prism through which to discuss the complex legal issues involved. Written by a team of international experts, it discusses and analyses national implementation of the Directive and explores the effects of the new regime on contentious issues and crucial sectors such as big data and AI.
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Chapter 11: Trade secrets, big data and artificial intelligence innovation: a legal oxymoron?

Ana Nordberg

Abstract

This chapter examines the Trade Secrets Directive from a technologically informed legal perspective, looking at the possibilities and scope of protection that the Directive offers for knowledge-based activities and business models. Different types of informational resources have long been an important asset of businesses. Informational technologies, automated data retrieval and cross-referencing will produce large quantities of valuable data that can be used for research, development and marketing of all types of products and services. However, artificial intelligence and data mining tools pose a huge challenge to trade secrets as a legal concept.

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