The legality of reverse engineering or how to legally decipher trade secrets

Abstract

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.