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Beyond the CodeProtection of Non-Textual Features of Software$
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Noam Shemtov

Print publication date: 2017

Print ISBN-13: 9780198716792

Published to Oxford Scholarship Online: October 2017

DOI: 10.1093/oso/9780198716792.001.0001

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Trade Secrets and the Software Industry

Trade Secrets and the Software Industry

(p.219) 8 Trade Secrets and the Software Industry
Beyond the Code

Noam Shemtov

Oxford University Press

This chapter examines the trade secrets regimes in the European Union and the United States, with particular emphasis on how they affect the software industry. Almost every intellectual property right originates in a secret. For example, an inventor keeps his inventive concept secret until he files for a patent. The same may apply to a designer in relation to a new product design until a registered design application or a design patent application is filed. These early stages of conception often require protection against misappropriation. The chapter considers the legal basis for granting trade secrets protection and the relevant conditions for such protection. Next, it discusses the EU and the US legal frameworks governing the misappropriation of trade secrets in relation to software products, with particular emphasis on the treatment of reverse engineering under trade secrets law.

Keywords:   trade secrets, European Union, United States, software industry, intellectual property rights, reverse engineering, trade secrets protection

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