Trade Secrets

Trade Secrets

This topic will explore the theory and practice of trade secret law. Unlike most of intellectual property law, which is a creature of federal legislation, trade secret law is rooted in state common law and evolved under the influence of the Restatement and uniform law movement. We will discuss how the state law origins of trade secret law affect its development and how trade secret protection fits into the intellectual property system. We will closely read the seminal cases in trade secret law. We will also discuss the practical aspects of counseling clients and litigating and trying trade secret disputes, and explore the roles of judge, jury, and courts of appeal in such cases. students and readers of this Legal Encyclopedia taking the topic should be prepared to read carefully several cases and statutes for each session, to monitor trade secret issues in the news, and to discuss — perhaps distinctively as compared with other law school topices — issues facing practitioners in this area.