This article examines the use of trade secrets to protect AI and that unique challenges to trade secret protection presented by AI.
Such challenges include the use of open-source software, wide distribution and reverse-engineering, and high mobility and atypical employment relationships. However, the article notes that – if appropriate measures are taken – a company could effectively use trade secrets to protect the confidential elements of their AI systems.
Authors: Nina Fitzgerald, Partner; Eoin Martyn, Senior Associate; Caroline Christian, Lawyer; and
Stephen Klimis, Graduate, Ashurst
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