Barbe - Trade secrets international trade policy and empirical research
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This document summarizes a presentation about trade secrets and international trade policy. It defines trade secrets, discusses their importance to businesses, and outlines how trade secrets are addressed in trade policy and agreements. The presentation also reviews empirical research on measuring trade secret protection and areas for future research, such as the relationship between trade secret laws and international trade and foreign direct investment.
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Barbe - Trade secrets international trade policy and empirical research
- 1. Trade Secrets: International Trade Policy and Empirical Research Andre Barbe and Katherine Linton U.S. International Trade Commission OECD Blue Sky Forum September 20, 2016
- 2. Disclaimer This presentation represents solely the views of the authors and not the views of the United States International Trade Commission or any of its individual Commissioners. Barbe - Trade Secrets 2 / 12
- 3. Agenda • What are trade secrets? • Why are they important? • Trade policy • Empirical research Barbe - Trade Secrets 3 / 12
- 4. Definition of Trade Secret • Type of intellectual property (IP) • A trade secret is a piece of information which is not generally known and by which a business may obtain an economic advantage • Examples: – Blueprints and chemical formulae – Lists of prices and customers or marketing strategies – Research on what does not work • Law prohibits “misappropriation” but not reverse engineering Barbe - Trade Secrets 4 / 12
- 5. Trade Secrets from the Owner’s Perspective Barbe - Trade Secrets Advantages • Can be used on anything – Any type of information – Small improvements • Inexpensive Disadvantages • Only wrongful conduct prohibited – Can be reverse engineered • Once lost, lost forever 5 / 12
- 6. Survey on Importance of Trade Secrets Type of IP Industry Trade secrets Patents Trademarks Copyrights All 58 48 44 27 Manufacturing 62 56 50 26 Chemicals 70 68 54 26 Machinery 53 48 42 22 Computer and electronics 71 64 50 34 Transportation equipment 48 43 39 22 Nonmanufacturing 54 40 37 29 Information 64 44 57 51 Professional, scientific and technical services 50 42 20 20 Source: NSF and NCSES, BRDI 2012 Survey, 2015, Tables 53-57. Barbe - Trade Secrets Percent of firms that rate each type of IP as “very important” 6 / 12
- 7. Trade Secrets in Policy • New laws on trade secrets in US and EU Council • Trade secrets included in most recent US trade agreement, the Trans-Pacific Partnership • Trans-Pacific Partnership requires countries to have – Some sort of legal framework for trade secrets – Criminal penalties for obtaining via hacking Barbe - Trade Secrets 7 / 12
- 8. EMPIRICAL RESEARCH Barbe - Trade Secrets 8 / 12
- 9. Measuring Trade Secret Protection • Patent protections have been quantified since 1997 – Ginarte and Park index – Existence of this index has allowed research on the impact of patent protections • Only recently was a similar index created for trade secrets – Lippoldt and Schultz index (2014) – Found that increasing protection for trade secrets is correlated with increased R&D and international trade Barbe - Trade Secrets 9 / 12
- 10. Areas for Future Research • Trade secrets in developing countries • Relationship between trade secret protections and international trade – Payments for the use of IP – Foreign direct investment Barbe - Trade Secrets 10 / 12
- 11. U.S. ITC Research • Looked at relationship between – IP protections in foreign countries and – Their payments for the use of American IP • Findings – Patent protection index • Positive and statistically significant effect on payments – Trade secret protection index • Statistically insignificant effect on payments • Can other studies replicate these findings? Barbe - Trade Secrets 11 / 12
- 12. Conclusion • Trade secrets are “very important” to most U.S. businesses • Being incorporated into domestic law and trade agreements • But many basic facts about them are unknown Barbe - Trade Secrets 12 / 12
Hinweis der Redaktion
- It is OK to interrupt with questions
- Not just a product but everything it takes to create it, get it to market, and maintain success
- In 2012 the US National Science Foundation and the Census Bureau, surveyed US firms that conducted R&D. They asked firms about 4 types of IP and whether that IP was very important to the firm or not. This table shows the results of that survey. The columns… The preference for trade secrets continues in the services or non-manufacturing industries – even in information, which includes publishing and software, trade secrets are ranked very important more often than copyrights or patents. These are all of the subsectors that fall under manufacturing. In each, trade secrets are favored. Now, there are categories under some of these subsectors. For example, while basic chemical firms prefer trade secrets, those in pharma and medicines prefer patents (80 percent over 66). This preference for trade secrets holds true for small firms as well as large ones.
- Defend Trade Secrets Act in US and Trade Secrets Directive in EU Trade secrets are protected by the International Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), Article 39 TPP is the first US free trade agreement to really talk about trade secrets. It requires both a legal framework protecting trade secrets and criminal penalties for obtaining them via hacking. TPP Reiterates TRIPS requirement to have some sort of trade secret framework (don’t need specific law, can be under contract law) Say applies to SOE too Criminalizes hacking First trade agreement to reiterates TRIPS standards for trade secret protections. Prior US trade agreements hadn't mentioned them. TRIPS doesn’t require a trade secret law, just has to mention them somewhere Puts trade secrets on the trade policy map
- Say switching gears to empirical Over time and across a large number of countries Measures statutory protections for patents Maskus and Yang (2013) multiply index value by an institutional measure to capture the effectiveness of laws GP Findings: Patent reform correlated with increased high-tech trade, FDI, and licensing
- The advantages of trade secrets: their do it yourself nature and low cost seem like they’d be ideal for use in developing countries with weak institutions and legal protections. But research has really focused on developed countries. What we do at ITC The literature has often assumed that trade secrets and patents are substitutes. If you have some new process and disclose it in a patent, it is no longer secret. But consider how a piece of software might be protected by different methods at different stages in its life cycle. It’s initially a trade secret until you’re ready to get it patented and you may eventually get a trade mark for it as well. From perspective of someone looking to steal a trade secret, there are two costs to doing so A. difficulty of acquiring a secret B. legal action you may face for doing so.
- Problems with regression: Firms may include revenue from trade secrets under professional services, instead of IP payment Tax havens Problem with Regression or deeper finding?