Reverse Engineering: Unfair Competition Or Catalyst for Innovation?

Abstract

Reverse engineering is “a process almost as old as man-made artefacts themselves.”[i] Peopleof all ages have been curious to find out how things work. As long as the object of humancuriosity is nature itself, society esteems the curious person as a scientist whose work benefitsthe common good. As soon, however, as a technician takes apart a machine made bysomeone else there is less unanimity about whether this activity is commendable or whether itis an act of piracy which the law should enjoin. While in the US “reverse engineering has along his-tory as an accepted practice”,[ii] German courts and most commentators still follow ajudgment handed down by the Reichsgericht (Supreme Court until 1945)[iii] in which the courtregarded the reverse engineering of a complex product as unfair competition.