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- Title
TRANSFORMING THE PILE OF JUNK: A MODEL FOR CROSS-COMPETITIVE NEGATIVE KNOWLEDGE SHARING.
- Authors
FERZACCA, DUSTIN
- Abstract
Trade secret protection for negative knowledge stifles innovation by limiting employee mobility, undercutting the general skills and knowledge rule, and working against traditional trade secret rationales. However, information-sharing networks may increase the pace of innovation by encouraging the free flow of information across competitive boundaries. The proposed model is a contract-based, private market alternative to negative knowledge trade secret disputes, which mitigates the problems with negative knowledge trade secret protection without requiring a change in existing trade secret law. Under the proposed model, industry groups working towards known solutions to known problems share negative knowledge with other group members. This information sharing leads to more industry efficiency through less repetition of competitor mistakes. Furthermore, the model increases follow-on innovation by creating a knowledge base of failed research paths. Moreover, the resulting increase in employee mobility between competitors serves to boost industry innovation. While free-riding and information misuse pose potentially potent threats to the success of the model, both threats are avoided through careful drafting of the contract and through the role of a governing central body. Antitrust concerns are also addressed by ensuring that the cooperation remains procompetitive in nature. Overall, implementation of the proposed model may increase the pace of innovation in qualifying industries, benefiting both the industry and society.
- Subjects
INFORMATION sharing; PROTECTION of trade secrets; ANTITRUST law
- Publication
IDEA: The Intellectual Property Law Review, 2020, Vol 60, Issue 3, p460
- ISSN
0019-1272
- Publication type
Article