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ARTICLE · 24 JUNE 2016

Protecting Trade Secrets In The U.S. And Canada

Information that is technical and valuable may be property called a "trade secret". The proprietary protection only lasts as long as the secret is treated as such by the owner and remains as a secret.

GlobalIntellectual Property

Information that is technical and valuable may be property called a "trade secret". The proprietary protection only lasts as long as the secret is treated as such by the owner and remains as a secret. This article will discuss trade secret protections in the United States and Canada.

The U.S. has federal and state trade secret laws. Almost all states have passed their own version of the Uniform Trade Secret Act. These statutes define what constitutes a trade secret, prohibit certain wrongful acts and set out enforcement mechanisms. On May 11, 2016 the federal Defend Trade Secrets Act of 2016 came into effect.1 The new federal law is based on the Uniform Trade Secret Act structure.  It allows trade secret owners to bring civil actions in federal court for trade secret misappropriation where the secrets relate to a product or service for use in interstate or foreign commerce".2 Now, trade secrets owners have a choice between federal and state court. Which one to pick

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