If you run a business that depends on data to drive success — and what business doesn’t these days? — this tendency of information assets to escape is a major, perhaps existential, risk. Given that those assets are handled by human beings, the management challenge can feel a lot like trying to contain . . . a virus. The metaphor is not perfect. After all, a virus, unlike bacteria, is rarely considered valuable or helpful. But I believe the comparison is apt and useful in many ways, not least as a mnemonic device to help us stay focused on the difficult but necessary discipline of caring for the integrity of the company’s most valuable property, just as we care for our individual health. So stay with me as we look at several main areas of overlap between trade secret management and pandemic response. To begin with, let’s recognize that our concerns are not only about our own information propagating outwards, but also about blocking unwanted information from infecting our data systems. So our control systems are naturally tuned toward containment: keeping our data in and others’ data out.
Recent Posts
- Other Barks & Bites for Friday, October 17: CAFC Finds Prosecution Disclaimer in Examiner Acceptance of Patentee’s Scope; Japan Urges Opt-In Copyright Model for Sora 2; and Seventh Circuit Clarifies Evidence Required for Sound Recording Copyright Claims
- USPTO Issues NPRM on IPR Practice, Withdraws Vidal-Era Proposal
- Federal Circuit Finds No Due Process Violation Stems from Inconsistent Positions on Patent Ownership at PTAB, ITC
- UPC Issues First Permanent SEP Injunction: The Ramifications of Philips v. Belkin | IPWatchdog Unleashed
- Thaler Tells SCOTUS Refusing Copyright to AI-Generated Works Endangers Photo Copyrights, Too