Over my career of fifty years in industry and academia I have assembled quite a few credos, insights and truisms about trade secrets, in general, and three salient trade secret issues, in particular, namely:
This blog will share these with you as well as my impressions from the many professional meetings I attend around the globe. I will occasionally provide my thoughts on books, articles and reports relating to trade secrets. In my upcoming blogs let us look at the above three broad topics in much greater detail and question deep-seated misconceptions about Trade Secrets and the Patent/Trade Secret interface in an attempt to demonstrate that,
- the importance of trade secrets;
- the complementariness of patents and trade secrets; and
- the criticality of trade secrets in technology licensing and tech transfer.
• Know-How and Trade Secrets are not synonymous,
• Trade Secrets are not secrets,
• Patents and Trade Secrets dovetail inextricably,
• the “Best Mode” requirement is no impediment,
• touted differences between Patents and
• Trade Secrets are not there,
• a Trade Secret owner has de facto prior user rights
• as well as others.
Karl Jorda
Karl F. Jorda is the David Rines Professor of Intellectual Property Law as well as the Director of the Germeshausen Center for the Law of Innovation and Entrepreneurship at Franklin Pierce Law Center where he teaches primarily Technology Licensing and IP Management. Before joining Pierce Law in 1989, he was Chief IP Counsel for 26 years at CIBA-GEIGY. He is a frequent speaker in IP programs in foreign countries under e.g. WIPO, USAID, USIA, IESC, etc. auspices, having lectured in 41 countries. He was President of the Pacific Intellectual Property Association (PIPA) and the NYIPLA and served on the Boards of Directors of AIPLA, ABA-IPL Section, INTA, IPO, ACPC and AIPPI-American Group. Professor Jorda is the recipient of the 1996 Jefferson Medal of the NJIPLA and the 1989 PIPA medal for “Outstanding Contributions to International Cooperation in the Intellectual Property Field.” Professor Jorda provides commentary for this blog. News and site management is provided by Professor Jon Cavicchi, Intellectual Property Librarian at Pierce Law.
