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From Trade Secrecy to Seclusion
The Georgetown Law Journal  (IF2.481),  Pub Date : 2021-06-01, DOI:
Charles Tait Graves, Sonia K. Katyal

By all accounts, trade secret law is now recognized as one of the major categories of intellectual property law. Less recognized, however, is the degree to which private actors are pushing the law past its traditional, market-competitive boundaries and toward an all-purpose seclusion doctrine. We argue that trade secret law today is increasingly functioning not merely as a tool to protect intellectual property against misappropriation, but often as a tool for open-ended concealment. The law is moving from trade secrecy to trade seclusion. This shift raises serious concerns, ultimately distorting the flow of information that should be available to the public.