How will the DTSA protect trade secrets? ( Hint: Seizure provision)Īs set forth above, the DTSA will allow trade secret owners whose trade secrets have been misappropriated to file civil actions in federal court. The DTSA will allow “n owner of a trade secret that is misappropriated bring a civil action … if the trade secret is related to a product or service used in, or intended for use in, interstate or foreign commerce.” Oddly enough, however, the DTSA itself does not define “trade secret.” The Espionage Act, however, does. ![]() Now, trade secrets will enter the federal protection arena. It makes the issue a federal one so that federal law and courts can control the subject area, which will provide more certainty for litigants in trade secrets cases.įederal law regarding intellectual property has been fought on three fronts: copyrights, patents, and trademarks. The DTSA’s specified purpose is to create a nationwide law that tightens trade secrets protections to align them with those given to patents, copyrights, and trademarks. The variations led to many hotly contested procedural issues for example forum, venue and choice-of-law. While most states dealt with trade secrets by adopting some version of the Uniform Trade Secrets Act, the laws (and court’s interpretation of them) varied significantly from state to state. Pre-DTSA, trade secrets law was a state law issue. The federalization of trade secrets law is a game changer. ![]() What does “federalizing” trade secrets laws mean? The DTSA will effectively “federalize” trade secrets law and allow companies or individuals with trade secrets to file private civil lawsuits under the Federal Economic Espionage Act (the Espionage Act). Below is a summary of what you need to know about this soon-to-be law, including what you should be talking to your employment law counsel about in terms of modifying employment contracts and agreements. The Defend Trade Secrets Act (DTSA) is headed to President Barack Obama for his signature, and there is little doubt that President Obama will sign it into law.
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