Trade Secrets in the AI Era: Navigating Transparency Under the EU AI Act

For developers and rights-holders, protection can no longer rely on silence alone – Artificial intelligence thrives on cumulative learning and optimisation and, unlike traditional software, the competitive edge of AI systems often lies not in the source code itself, but in how the systems themselves are trained. For this reason, AI developers increasingly rely on trade secrets in addition to, or instead of, patents to protect key assets….
By: Herbert Smith Freehills Kramer