| Issue |
SHS Web Conf.
Volume 177, 2023
International Conference Legal Perspectives on the Internet. COPEJI 6.0. The Right to the Confluence of Two Universes: Where to?
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|
|---|---|---|
| Article Number | 02001 | |
| Number of page(s) | 20 | |
| Section | Legal Aspects of the Emergence and Use of New Technology | |
| DOI | https://doi.org/10.1051/shsconf/202317702001 | |
| Published online | 22 September 2023 | |
The legality of reverse engineering or how to legally decipher trade secrets
Faculty of Law, Alexandru Ioan Cuza University of Iasi, Romania
* Corresponding author: carmen.ungureanu@uaic.ro
** Corresponding author: razvantataru@gmail.com
Reverse engineering is the process of extracting secret information (trade secrets) by analysing an existing product. To determine whether reverse engineering falls within the limits of legality, the paper explores first the trade secrets (their meaning and forms, their regulation and legal protection). Then, the reverse engineering is brought under scrutiny, pointing out its main issues that of what reverse engineering consists of, what are the conditions that should be met in order to be considered legal, where it could be applied. The paper highlights the usefulness of reverse engineering in the traditional industry, software industry and as well as in the digital twins technology. In this endeavour, beyond the consulted legal literature, European and American caselaw is examined. Finally, the means of protection that trade secrets right holders have at their disposal against reverse engineering are revealed.
© The Authors, published by EDP Sciences, 2023
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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