Panel #7 – The Role of Trade Secret Protection for AI Related Data, Technology & Innovation*

Panel #7 – The Role of Trade Secret Protection for AI Related Data, Technology & Innovation*

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U.S. patent laws do not currently offer protection for AI-generated inventions where AI is the only named inventor. But that doesn’t mean there is no IP protection available for AI generated data, technologies or innovation. If valuable, AI-generated data, information, and innovation can meet the criteria for trade secret protection. And where AI innovation is unlikely to be reverse-engineered, trade secret protection should be considered and may be particularly valuable.

But at a time when AI generated information and innovation is becoming far more valuable as the technology matures, the FTC has done away with non-compete agreements. So, how can and should companies go about protecting AI generated data, technology and innovation in a world without non-compete agreements, and in a world where patent and copyright protection is not available?

This panel will discuss:

(1) The likely consequences of the FTC rule to do away with non-competes and whether and how non-disclosure agreements can and should be used by employers.

(2) How to create and implement a trade secret protection regime aimed specifically at protecting AI itself, as well as the output of AI.

(3) Best practices for identifying, cataloging and monitoring trade secrets in a hyperconnected world that is increasingly built on and reliant upon AI.

Materials

Protecting AI Generated Inventions as Trade Secrets

AI and Trade Secrets: A Winning Combination

New Federal Law and FTC Rule Will Imperil Trade Secret Protection

Trusting the Talent: Imagining a Future Without Noncompete Agreements

The Revolution Will be Digitized: Generative AI, Synthetic Media, and the Medium of Disruption by Jon Garon (pages 197 to 202)

Survey

https://www.surveymonkey.com/r/role-of-trade-secret-protection-for-ai-data-technology-innovation