2016-06-01 Ushering in the Era of Federal Trade Secret Protection
Until last month, matters of trade Âsecret misappropriation were largely the province of state law. This changed on May 11, when President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA), providing for the first time a federal private cause of action for trade secret misappropriation. This is arguably one of the most significant expansions of U.S. intellectual property law since the 1946 Lanham Act and companies are paying close attention.
2016-05-12 Defend Trade Secrets Act Signed Into Law
President Obama has signed the Defend Trade Secrets Act of 2016, creating new federal civil jurisdiction for misappropriation of trade secrets. The Act defines trade secrets broadly as something that the owner took reasonable measures to keep secret and which has economic value due to the secrecy.
2016-04-28 Congress Passes New Federal Trade Secret Act â€“ Law Would Go Into Effect Immediately
In what is being heralded as the â€śmost significant expansion of federal law in intellectual property since the Lanham Act in 1946,â€ť Congress this week passed the Defend Trade Secrets Act of 2016 (the â€śActâ€ť), which had near unanimous support in both the Senate and House of Representatives. The Act provides a uniform set of standards governing trade secret infringement, including a federal claim for trade secret misappropriation, a powerful ex-parte seizure provision, and availability of monetary damages and injunctive relief. Once President Obama signs the Act â€“ which the White House has previously voiced support for â€“ it will go into effect immediately.
2012-04-23 How to Protect Your Trade Secrets
To successfully take legal action against a party who misappropriates a trade secret, the owner of the trade secret must have used â€śreasonable stepsâ€ť to protect it. In the absence of proof that sufficient â€śreasonable stepsâ€ť were taken, a court will not recognize information developed or possessed by a company as a trade secret and thus will deny attempts to enjoin the use of the information by another party or to seek damages resulting from the third partyâ€™s use of the information.
2011-01-28 Protecting Trade Secrets in an Era of High Employee Mobility
Traditionally, protecting a companyâ€™s trade secrets against misappropriation was generally considered to be primarily a matter of limiting access to confidential information, controlling the distribution of documents containing such information, monitoring the external dissemination of information regarding the company and its technology, and blocking access by outsiders to the companyâ€™s facilities.
2009-12-31 Deciding Between Patent Protection and Trade Secret Protection
The decision of whether to protect a new innovation by either filing for patent protection or retaining the innovation as a trade secret can be a difficult decision to make. This article explores some basic questions that need to be considered in making that determination.