Trade Secret Protection
On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA) into law. This new law creates the first private cause of action for civil trade secret misappropriation that can be brought in Federal Courts and with international implications.
While fundamentally modeled on the Uniform Trade Secrets Act (UTSA), which has been adopted by 48 states, the DTSA is distinct from the UTSA in a number of ways.
The DTSA applies only to products or services in interstate or foreign commerce.
While the UTSA prohibits any person from misappropriating the trade secrets of another, the DTSA limits actions to “owners” of misappropriated trade secrets related to products or services used in, or intended for us in, interstate or foreign commerce. The statute does not define “owner,” which is likely to create a standing issue at the time litigation arises. Standing issues may also arise where questions exist about whether the property moved through interstate commerce.
und viele Grüße aus Charlotte
Reinhard von Hennigs