Ethics in the marketplace: Can you keep a (trade) secret?

CHAL 30

Kirby Drake, kdrake@fulbright.com, Fulbright & Jaworski L.L.P, 2200 Ross Avenue, Suite 2800, Dallas, TX 75201
Companies often maintain and defend a practice or formula (such as the formula for Coca-Cola) as a trade secret to obtain a competitive advantage indefinitely. Other companies elect to seek patent status to make the public aware of the invention while excluding competitors from the field for a defined period of time. A conflict arises in the marketplace between the public interest versus the corporate interest depending on the chosen path. This presentation will examine the effects of companies' patent/trade secret decisions on the public and the marketplace.