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Perspectives

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AI and Trade Secrets: A Complicated Friendship

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Excitement has been growing for decades around the development, training, and use of generative AI, but this past year the excitement escalated into a frenzy. Everyone is considering how AI impacts their business.

This article examines the intersection of AI and trade secrets, including whether AI's widespread use and adoption threaten trade secret protection and what trade secret protection is available to protect the use of and implementation of AI in a business. We address this intersection in three stages of an AI life cycle: the ingestion of data, training and deployment, and content generation.

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date, articles, intellectual property, trade secrets litigation, daily journal