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ARTICLE · 19 MAY 2016

Federal Trade Secrets Act Signed Into Law

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On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (DTSA), the most significant federal trade secrets legislation to be enacted in decades, and perhaps ever.

United StatesIntellectual Property
Cass Christenson
Cass Christenson
Lora Brzezynski
Lora Brzezynski
Lino Lipinsky De Orlov
Lino Lipinsky De Orlov
Abigail Brown
Abigail Brown
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On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (DTSA), the most significant federal trade secrets legislation to be enacted in decades, and perhaps ever. Under the DTSA, trade secrets owners will, for the first time, receive the federal legal protection that already exists for owners of trademarks, copyrights and patents. The DTSA will likely impact every business that owns and seeks to protect trade secrets and other confidential commercial information.

The DTSA won overwhelming bipartisan support in Congress. The Senate passed the bill unanimously in early April, and the House approved it by a 401-2 vote on April 27. The DTSA, which took effect upon enactment, applies to any act of misappropriation occurring on or after May 11.1 The DTSA is codified at 18 U.S.C. §1836(b) and amends the Economic Espionage Act, 18 U.S.C §1831 et seq.

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