Should Trade Secret Appropriation Be Criminalized

Authors

I. Neel Chatterjee

Abstract

Trade secret law is a rapidly developing and increasingly popular system of intellectual property which strikes a tenuous balance between individual profit benefit through secrecy and maximization of social welfare. In doing so, trade secret law adopts some property-based and some liability-based principles. This Article argues that criminalizing trade secret appropriation unjustifiably extends protection as a property-based concept beyond economically efficient goals. The author concludes that punitive damages within the context of civil liability are a more economically efficient means to deter unauthorized use of trade secrets and "socially blameworthy" conduct.

Recommended Citation

I. Neel Chatterjee, Should Trade Secret Appropriation Be Criminalized, 19 UC Law SF Comm. & Ent. L.J. 853 (1997).
Available at: https://repository.uclawsf.edu/hastings_comm_ent_law_journal/vol19/iss4/4