Farmers Must Actively Protect Data to Secure Trade Secret Protections
By Ashley Ellixson In our recent publication on Ownership and Protections of Farm Data, we suggested that trade secret would be the best candidate among intellectual property laws to protect farm data. In follow-up discussions, we realized we needed to revisit a key point of our publication which may have been ignored. That point is: to be protected by trade secret, a farmer must actively protect their farm’s data. Although we do not know for certain what steps the courts wil