The least tangible of all intangibles: an open discussion about trade secrets

Experts from around the world and from a variety of disciplines explored the interplay between trade secrets and innovation and the much neglected issue of how to integrate trade secrets into wider IP and business strategies at a symposium organized by WIPO from May 23-24.

Addressing the 2022 edition of the WIPO Symposium on Trade Secrets and Innovation, WIPO Deputy Director General Lisa Jorgenson said that keeping sensitive information confidential has been an important part of corporate life for centuries: “From Coca-Cola’s recipe to Google’s search algorithm, trade secrets have long been, and continue to be, key drivers of competitive edge.”

But compared to other IP rights, she pointed out that jurisprudence in the field is underdeveloped, the practical implementation and interpretation of law can often be uncertain and the underlying nature of trade secret protection is sometimes misunderstood. “It is time for this to change and for us to deepen our understanding of trade secrets – their function and their impact,” she added.

Eight thematic panels with internationally renowned speakers covered several key issues surrounding trade secrets, ranging from policy dilemmas to practical insights of IP management. Over 600 registrants from around 100 countries participated in the hybrid event.

The program covered a variety of fundamental questions, such as how to integrate trade secrets into wider IP and business strategies, the interplay between trade secrets, innovation and other IP rights, challenges in enforcement in case of misappropriation, and balancing the legitimate interests of trade secret holders and others. 

At the same time, the panelists also tackled more contemporary issues.  For example, managing trade secrets against the backdrop of new models of employment and working styles, the impact of trade secret protection on the generation and use of data and the future of the digitalized economy, the role of trade secrets in knowledge sharing, including in the medical field, and the role of arbitration and mediation in trade secret disputes.

The presentation slides and video recording of the Symposium are available on the WIPO website.

WIPO will continue to offer an international forum for deepening a global conversation on trade secrets and innovation – an issue that is gaining the interest and attention from all business sectors around the world.