Protecting trade secrets benefits small businesses and consumers: research

Associate Professor Qiu said the findings had global economic implications.

“Although our empirical investigation is based on US companies, our evidence-based research findings from large samples could be applied to other developed economies such as Australia due to their very similar institutional environments,” said Associate Professor Qiu.

“This study demonstrates that court rulings on intellectual property protection have far-reaching implications for firms’ ability to compete and the competitive strategies they employ.”

The doctrine of inevitable disclosure has been mentioned in Australian law; for example in May 2021, when Federal Court Judge Beach ruled in favor of an established lender applying a 12-month non-compete clause to prevent a senior employee from moving to a new competitor.

Although he worked against a new company in this case, Associate Professor Qiu said this kind of protection is particularly important for new entrants, “and can therefore improve the competitive environment of the knowledge-based economy. and promote economic growth and consumer welfare”.

“The protection of proprietary knowledge through the doctrine of inevitable disclosure can be used in conjunction with other intangible asset protection policies, such as non-competition clauses and patent, trademark and copyright protections. copyright, to facilitate the financing of knowledge assets.”

Comments are closed.