The growth of high technology and biotechnology in the California economy makes protecting intellectual property a matter of statewide interest. Unfortunately, California law is deficient in that it may allow a plaintiff to acquire improperly its competitor’s trade secrets in litigation through discovery.
The discovery statutes promote the liberal disclosure of information. However, if litigation involves the protection of trade secrets, the obligation to disclose destroys the value of the information.
California sought to protect trade secrets when it passed the Uniform Trade Secret Act (UTSA) in 1984. CCP § 2019(d) requires a plaintiff to disclose its trade secrets at the outset of litigation and before it delves into its competitor’s trade secrets.
