Protecting and Promoting Clean Energy Innovation Through the Trade Secrets Regime: Issues and Implications

Abstract

This chapter explores the role that the trade secrets regime plays in protecting information relating to clean energy technologies and implications of such protection. It observes the increasingly important role played by trade secrets in protecting and promoting clean energy technologies form the embryonic phase to commercialisation phase. It is evident that secretly held valuable information, including renewable energy know-how, is subject to an ‘IP stealing arms race’, especially in relation to the global trade and cybersecurity arsenal. Therefore, it can be suggested to introduce more harmonised and stringent laws including the criminal sanctions for trade secrets misappropriations. However, this chapter argues that the policy makers should be more cautious over possible repercussions relating to over-protection and over-reliance on the trade secrets regime. These repercussions may include its impact on follow-on innovation, knowledge diffusion and technology transfer which are essential aspects in battling climate change. This chapter argues that trade secrets law should provide a balance in its effect which equally addresses the important protective aspects of clean energy technologies but also the protection of the need for knowledge diffusion and technology transfer.