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A Study on the use of generative AI and protection of trade secrets

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2024, 12(4), pp.205-217
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : November 8, 2024
  • Accepted : November 24, 2024
  • Published : November 30, 2024

이경민 1

1원광대학교

Accredited

ABSTRACT

Generative AI is an artificial intelligence system that can generate text, images, and other media. Generative AI has potential applications across a wide range of industries, including art, writing, software development, healthcare, finance, gaming, marketing, and fashion. However, in the process of using generative AI, a company's trade secrets may be exposed, and in this case, the confidentiality requirement for trade secret protection may be lost and the trade secret may not be protected as a trade secret. This is where generative AI poses potential risks. If a company does not properly control the use of generative AI by its employees and contractors and uses generative AI to process work, the confidentiality requirement for trade secret protection may become an issue. Therefore, countermeasures should be sought. In addition, with regard to generative AI and trade secrets, issues arise such as whether the output derived from generative AI can be protected as a trade secret and whether AI algorithms can be recognized as trade secrets. In this article, I would like to consider the issues of trade secrets related to the use of such Generative AI and ways to manage trade secrets.

Citation status

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