In Volume VIII, No. 3, September 2025, of les Nouvelles, the magazine of the Licensing Executives Society International (LESI), BOEHMERT & BOEHMERT attorneys Prof. Dr. Heinz Goddar (patent attorney) and Melanie M\u00fcller (attorney at law) are co-authors of the article \u201cPatents and trade secrets as complementary protection mechanisms.\u201d
\nThe article is based on a workshop conducted by the authors at the LESI Conference 2025 in Singapore. Other co-authors are, in alphabetical order, Peter Camesasca, DuckSoon Chang, Joo Sup Kim, Ralph Nack, Ichiro Nakatomi, and Jonathan Porath.<\/p>\n
The article highlights the strategic combination of patents and trade secrets as complementary protection mechanisms for innovations. While patents grant exclusive rights of use for a limited period of time through disclosure, trade secrets offer potentially unlimited protection for confidential information – provided that secrecy is actively maintained. In practice, both instruments are often used together: patents protect the core technology, while know-how for implementation, optimization processes, or training data are treated as trade secrets.<\/p>\n
In addition, the authors highlight different approaches in the European Union, Germany, Japan, and Korea, and identify the challenges posed by generative AI as a central issue. As an innovative solution, the authors propose a \u201ctrusted depository\u201d for trade secrets – a trustworthy, blockchain-based system for the secure, tamper-proof storage of confidential information – but also discuss the legal risks that may be associated with its use.<\/p>\n
In conclusion, the authors emphasize that trade secrets play an increasingly important role in protecting innovation, especially in areas where formal property rights do not apply. The combination of patents and secrecy represents an effective but complex protection model that brings with it new legal and strategic challenges. A trusted depository could help overcome these challenges while maintaining the balance between protection and competition.<\/p>\n