Think it, Build it, Shhhh...ip it! Managing trade secrets in the context of agile technology development
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Typ
Examensarbete för masterexamen
Program
Entrepreneurship and business design (MPBDP), MSc
Publicerad
2020
Författare
Hayes, Ellenor
Modellbyggare
Tidskriftstitel
ISSN
Volymtitel
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Sammanfattning
Over the past two decades, agile methodologies have become a mainstay of software
development practices at companies large and small. With their focus on short development
cycles and autonomous, self organizing teams, agile technology development presents a
significant challenge for the effective management of trade secrets. At the same time, many of
the intellectual assets of highest strategic importance to agile technology companies — e.g.
proprietary algorithms, machine learning models, unique datasets, and valuable data derived
insights — cannot be registered as patents, trademarks or designs. (Nor can they be effectively
claimed and protected via copyright.) Rather, if the company is to retain any intellectual property
based control position in relation to these assets, they must be managed and protected as trade
secrets.
Via a systematic literature review and multiple case study research design, this study examines
this tension and seeks to contribute to the field by providing research based guidance on how
agile technology companies may incorporate trade secret protection procedures without
undermining the speed and autonomy of their product development practices.
The findings demonstrate that, by relying on the inherent flexibility of the laws governing trade
secrets (specifically the contextual requirement of “reasonable steps”), it is possible to manage
the tension between agility and robust trade secret protection. In doing so, agile technology
companies should take a measured approach that focuses on building awareness and trust
among individual employees so as to frame trade secret management as a cross functional task
and enable positive behaviors.
The findings of the study can be used to inform the development of trade secret protection
procedures that enable technology companies to continue to develop products with agility while
using trade secrets to secure practically effective and legally defensible intellectual property
based control positions for their most strategically important assets.