Preserving the Public Domain: Limits on Overlapping Copyright and Trade Secret Protection of Software

Abstract The traditional understanding of intellectual property (IP) suggests that each IP category has a discrete subject matter its own and exceptions thereto. Based on such an law, one would assume there not be overlapping protection for the same or product features. However, this does hold water. It been argued development rights intensified as can protected expanded through introduction new scope existing increased. What may particularly problematic is that, when policymakers focus regime at time, any issues arising from overlaps remain undetected. For quite some policy tendency towards broadening protection, which led to decrease in public domain. This shows value domain appropriately identified least appreciated. One way define sphere by form IP. article will created Software Copyright Trade Secrets Directives with regard software. ultimate aim query whether combined effects these two could interpreted limits undesirable expansion protection.