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A trade secret is a form of intellectual property comprising confidential information that is not generally known or readily ascertainable, derives economic value from its secrecy, and is protected by reasonable efforts to maintain its confidentiality.
The Uniform Trade Secrets Act (UTSA), published by the Uniform Law Commission (ULC) in 1979 and amended in 1985, is a model law designed for adoption by U.S. states. [1] It was developed to resolve inconsistencies in the treatment of trade secrets across different states.
The Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure is a directive of the European Parliament and the European Council which was adopted by the European Council on 27 May 2016, following an agreement reached with the European Parliament on 15 December 2015, [1] and amendment by the ...
A trade secret is any “formula, pattern, device or compilation of information which is used in one’s business, and which gives [the employer] an opportunity to obtain an advantage over competitors who do not know or use it.” [2] "New York courts typically consider the following factors in determining whether there is a trade secret: (1 ...
In the United States, trade secrets are protected under state law, and states have nearly universally adopted the Uniform Trade Secrets Act. The United States also has federal law in the form of the Economic Espionage Act of 1996 (18 U.S.C. §§ 1831–1839), which makes the theft or misappropriation of a trade secret a federal crime. This law ...
The Economic Espionage Act of 1996 (Pub. L. 104–294 (text), 110 Stat. 3488, enacted October 11, 1996) was a 6 title Act of Congress dealing with a wide range of issues, including not only industrial espionage (e.g., the theft or misappropriation of a trade secret and the National Information Infrastructure Protection Act), but the insanity defense, matters regarding the Boys & Girls Clubs of ...
The Defend Trade Secrets Act of 2016 (DTSA) (Pub. L. 114–153 (text), 130 Stat. 376, enacted May 11, 2016, codified at 18 U.S.C. § 1836, et seq.) is a United States federal law that allows an owner of a trade secret to sue in federal court when its trade secrets have been misappropriated. [1]
Common types of intellectual property rights include copyrights, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions, trade secrets. These may be sometimes called intellectual rights. See outline of patents for a topical guide and overview of patents.