Trade Secret Protection Measures and New Harmonized Laws

摘要

2016 has been a big year for trade secrets in the United States and the European Union. The United States enacted the federal Defend Trade Secrets Act and the European Union enacted the Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. Both laws have been years in the making. Both feature similarities to each other and to existing trade secret law at the state level in the United States. Neither law replaces or completely preempts existing state law. Both are intended to harmonize and enhance legal protection for business secrets and "know-how."