Reverse Engineering's Impact on Trade Secrets: A Comparative study

Abstract

Reverse engineering is a legal technical method of obtaining product secrets by examining and analyzing them to form a reverse basis to determine the nature of the product and its mechanism of operation, with the goal of reproducing or producing an improved version of it. Given that trade secrets are considered intellectual property rights that legislation has guaranteed to protect against infringement or illegal access, how can reverse engineering affect the disclosure of the product's trade secrets, and is it a legitimate means of disclosing these secrets, or should they be framed within specific restrictions?. To answer these questions, this research was divided into two sections: the first looks at the definition of reverse engineering and its relationship to trade secrets, and the second looks at the legitimacy of reverse engineering. The study used analytical and comparative approaches from Jordanian and American legislation to conclude that the legislation permitted reverse engineering as an intellectual innovation that develops products, contributes to increasing the volume of commercial investments, and limits technological monopolies. However, this permission is not absolute and is subject to specific legal controls.