INTELLECTUAL PROPERTY IN 3D PRINTING AND NANOTECHNOLOGY - 3D Bioprinting and Nanotechnology in Tissue Engineering and Regenerative Medicine - page 343

effective when successful independent discovery or reverse engineering is very difficult to accomplish
without the trade secret information. Because such difficulty results in a low likelihood of successful
copycats, the trade secret owner can forego the patenting process and avoid disclosing the trade secret
to the public. Some of the most famous trade secrets are secret formulas and recipes, like the Coca Cola
formula and the Kentucky Fried Chicken recipe ( Kane, 2012 ). These recipes are locked away, under
heavy guard, and only known to a very select few. Indeed, many have tried to decipher the recipes
themselves, but no one has succeeded to the point where Coca Cola or KFC lose distinction. Therefore,
they maintain a competitive advantage by keeping their recipes secret.
No formal registration or application process for trade secrets exists, and protection attaches imme-
diately. Trade secret protection can last indefinitely, so long as the owner keeps the business informa-
tion confidential ( World Intellectual Property Organization, 2014c ). To protect a trade secret, the owner
must take appropriate steps to maintain its secrecy and avoid public disclosure or theft. The sufficiency
of these steps may depend on a number of factors, such as the likelihood the secret would be stolen or
the amount of interest from competitors in the trade secret. In the Coca Cola example, many beverage
companies would pay millions to obtain the original formula, and many protection measures are needed
to protect the formula from theft or public disclosure. Unlike patent protection, independent discovery
by others is allowed. If another person successfully reverse engineers or discovers the trade secret, then
trade secret protection ends, as the trade secret is deemed “public information.” However, should some-
one attempt to steal the trade secret information, the trade secret owner can stop the thief from using
the information and recover for losses from the trade secret theft, so long as the trade secret owner can
prove the secret was stolen despite appropriate measures to maintain secrecy.
16.4 WHERE DOES INTELLECTUAL PROPERTY LAW ORIGINATE?
Modern IP laws originate from the United States Con-
stitution and acts of Congress. Multiple clauses in the
Constitution direct the United States government to make
laws that protect the rights of individuals who contrib-
ute to the greater good through innovations and creative
works. Article 1, Section 8, Clause 8 of the Constitution
provides Congress with the broad power “to promote the Progress of Science and useful Arts, by se-
curing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and
Discoveries.” This clause forms the basis of the U.S. Patent and Copyright laws. Article 1, Section 8,
Clause 3 of the Constitution provides the basis for federal trademark law, by providing Congress with
the broad power “to regulate commerce with foreign nations, and among the several states, and with
the Indian tribes.” State laws also protect trademarks. Trade secret laws are creatures of state law, and
most states have adopted the Uniform Trade Secrets Act.
16.5 WHAT ASPECTS OF 3D BIOPRINTING AND NANOTECHNOLOGY
ARE PROTECTABLE?
3D bioprinting and nanotechnology are complex technologies that combine specialized computerized
machinery, specialized materials, and intricate processes of additive manufacturing and nanoscale