The Origins of Trade Secrecy Law in England, 1600–1851.

This paper examines the origins of trade secrecy law from the beginning of the seventeenth century untilMorisonvMoat(1851), described by theOxford History of the Laws of Englandas ‘foundational’. The paper reveals something of a conundrum. The first part shows that although the prevalence of guild ordinances would have familiarized many with the concept of ‘lawful secrets’, these provisions could no longer be enforced in the guild courts by the late seventeenth century, or within the wider jurisdiction of the courts of the City of London. Instead, as the second half of the paper shows, it was the law courts proper that came to provide succour to those working trade secrets, allowing them to both restrain employees from using secrets for their own benefit and/or to sell secrets to other parties. This was a halting process, but one that had certainly begun prior to Morison. [ABSTRACT FROM PUBLISHER]