Compelling Trade Secret Sharing

Abstract

Trade secrets raise three primary issues. First, if an entity is forced to share trade secrets to expedite development and to expand the supply of needed products, must or should the government compensate the rights holder? Although this chapter addresses this question, it is largely unnecessary to answer it. This is because compensation is not required under international law, and because reasonable compensation should normally be provided for compelled trade secret sharing. Second, does international law prohibit governments from compelling the sharing of trade secrets, including by compulsory licensing? The short answer is no. Third, what authorities currently exist or could be adopted for governments to compel the sharing of trade secrets? The chapter provides general overview of a range of existing authorities, as well as a framework for addressing the latter two questions and for understanding the complexity of the first question.

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