Trade Secret Now Protected Under US Federal Law

June 26, 2016

Companies often rely on trade secret protection for their most valuable intellectual property. Trade secret can protect many different types of valuable information such as chemical formulas, business or manufacturing methods or processes, software programs or designs. In the US, trade secret protection has been a matter of state law. However, on May 11, 2016, President Obama signed into law the first federal trade secret law, the Defend Trade Secret Act (DTSA).

For an overview of the new law, take a look at http://www.finnegan.com/news/newsdetail.aspx?news=08ded6c4-1886-4dde-b8f2-86e1db18652c. Finnegan has also produced a podcast on the new law: http://www.finnegan.com/podcasts/PodcastDetail.aspx?pub=88e91d7c-89dc-46ba-9dfb-0a086e72d707. (Finnegan has long been a supporter of CERC IP work and Finnegan lawyer Shaobin Zhu contributed to the CERC IP Guide and is a member of the CERC IP Experts Group).

A more detailed description is available at http://www.jdsupra.com/legalnews/defend-trade-secrets-act-signed-into-law-73692/ and a comparison of the new DTSA and the EU Trade Secret Directive can be found at http://patentlyo.com/patent/2016/05/comparison-secrets-directive.html.

For some practical insights into protecting trade secret in the US and China, see Allen & Overy Partner, Benjamin Bai’s presentation to CERC at http://www.us-china-cerc.org/pdfs/Trade_Secrets_in_China_tutorial_BAI.pdf.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s