Trade Secret Laws

788 Words2 Pages

In the absence of trade secret laws, the costs to firms to protect their trade secrets would be substantial. Some relatively minor costs would be for example security passes, but more expensive would be for example hiring only family members in order to increase the trust or to reduce the number of the people in some sections, thus leading to inefficiency. When the trade secret law protection is ideal, the companies can spend less money on securing the trade secrets from theft and espionage, which reduces indirect costs. Optimal trade secret laws increases the expected cost of stealing to the unlawful acquiring and this conclusively reduces the private investments in security measures. The increased costs of stealing may lead to companies …show more content…

Trade secret laws are efficient only if the sum of indirect costs and enforcement costs are less than the indirect costs without trade secrecy laws, because including enforcement costs can affect the selection of efficient legal rules. When the deterrence works so that it would reduce stealing, there is less need for companies to take pre-protective measures and also avoid litigation, which is costly. In this situation, the costs are low, and trade secret laws advance efficiency. If the enforcement costs are high, the beneficial effects of trade secret laws, such as reducing investments in precaution and litigation needs to be low, in order for trade secret laws to improve social welfare.
It could be argued that trade secret theft is difficult to detect. The usual signs of theft may not be present, since we are dealing with information, and also the fact that only acquiring the information unlawfully is considered to be a theft. Proving the theft may be difficult, since it is perfectly lawful to reverse engineer or discover the information independently. Hence trade secret laws should be optimized so that the deterrence effect of the theft is so high that it can compensate the high enforcement …show more content…

Compared to patents, where the protection by patent laws differs much from trade secret laws, without trade secret laws, there would be a gap in protecting ideas and information, which in any case should be protected at least in some way. Optimal trade secret laws increases the expected cost of stealing to the unlawful acquiring and this conclusively reduces the private investments in security measures. If the enforcement costs are high, the beneficial effects of trade secret laws, such as reducing investments in precaution and litigation needs to be low, in order for trade secret laws to improve social

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