Robert Denicola, ‘The New Law of Ideas’

… As of 2014, forty-seven states have passed the Uniform Trade Secrets Act (‘UTSA’) … This Article explores the UTSA’s increasingly important role
in the changing law of ideas. Part II traces the recent transformation of idea protection from a distinct ‘law of ideas’ to a component of trade secret law governed by the UTSA. Part III analyzes the UTSA’s displacement of substantial portions of the old law of ideas. Part IV reviews the demise of ‘novelty’ and ‘concreteness’, two traditional prerequisites of common-law idea protection. Part V examines the relationship between idea protection under the UTSA and federal intellectual property law. Finally, Part VI considers the implications of the UTSA for the protection of ideas through contract …

Robert C Denicola, The New Law of Ideas. Harvard Journal of Law and Technology, Volume 28, Number 1 (Fall 2014).

First posted 2015-01-05 13:38:21

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