ABSTRACT

Intellectual property laws generally do not protect ideas that have not been expressed and fixed in some kind of tangible form. While intellectual property law is likely of little assistance in these circumstances, legal schemes that address the misappropriation of trade secrets, ideas and other intangible property may come to the rescue of those who operate in the realm of creativity. This chapter addresses each of these types of misappropriation, beginning with a necessary introduction to contracts (including the elements of offer, acceptance and consideration), whose principles impact the law of ideas in multiple ways. Covered here are non-compete and confidentiality agreements for protecting trade secrets or other proprietary information, as well as legal causes of action under contract and/or property-based theories for the misappropriation of ideas.