Social Implication Topics

        Divergent, although not explicitly mentioned, indirectly provides commentary on how trade secrets pose a danger to society and explains this danger through the use of simulation serums.  

        Dauntless, for example, uses a sim serum to train their new recruits. This serum is a trade secret kept by the leaders of dauntless. This is heavily implied by the fact that formerly Erudite members, who are big on knowledge and research, were unaware of the existence of this serum. It's also suggested via the interactions the characters have that the other factions also have their own trade secrets that are kept out of sight during the length of the film (and are confirmed by the sequels). While leaders of other factions are aware of the existence of this serum, it is implied they do not have the means to create it.  

        The serum used by Erudite to take over the divergent is also a trade secret, kept to the leaders of Erudite and Dauntless. Not only was their existence kept private from the rest of the factions, but it was also used in a way that no faction had heard of before. 

Right away, we can see some dangers regarding these trade secrets. Not only could Dauntless members be traumatized by the nightmare-inducing serum and be discarded to the Factionless, but the serums could also be used for mass control of a population- the complete eradication of free autonomy. 

        There are some real-world examples of trade secrets posing threats to people’s well-being. According to the Health and Human Rights Journal, “commercial actors [can] utilize trade secrecy to hide numerous types of health-related data […] undermining patient-level health, the development of affordable treatments, and the effectiveness of health systems as a whole.” [1]. While not as severe as in Divergent, trade secrets in the real world in medicine are abused for profit, violating our human rights to affordable care and resulting in huge pharmacies profiteering off of patients. In both worlds, we need to have more regulation on what can be considered trade secrets, as the way we have it now can lead to disastrous consequences. 

        Some may argue, however, that trade secrets are too essential to put restrictions on them. This is for the sake of protecting innovation [2]. However, according to a study by Hellmann and Perotti, innovation flourishes more so by the recombination of ideas and the “symbiotic relationship” firms and markets have with each other [3]. While yes, we should still have trade secret protections, there needs to be a reevaluation of just what is eligible for trade secret protection.

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References: 

1.  Durkin, Allison., Anne Sta Maria, Patricia., Willmore, Brandon., & Kapczynski, Amy. Addressing the Risks That Trade Secret Protections Pose for Health and Rights. https://www.hhrjournal.org/2021/06/addressing-the-risks-that-trade-secret-protections-pose-for-health-and-rights/. (Accessed 10/11). 

2.  Burkett, Matthew R. PROTECTING YOUR STARTUP INNOVATIONS – PATENT V. TRADE SECRET. https://faysharpe.com/protecting-your-startup-innovations-patent-v-trade-secret/. (Accessed 10/11). 

3.  Perotti, Enrico & Hellmann, Thomas. The Circulation of Ideas in Firms and Markets. https://doi.org/10.1287/mnsc.1110.1385. (Accessed 10/11).