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A Practical Case For Federalizing Trade Secret Law

Law360 (June 16, 2009, 12:00 AM EDT) -- Trade secrets are the only major type of intellectual property (i.e., copyrights, patents, trademarks and trade secrets) not governed primarily by a federal statute. That should change.

At present, each state has its own autonomous trade secret law. The inevitable result is that trade secret law varies from state to state.

For innovative companies, interstate variations increase the cost and complexity of protecting and litigating their trade secrets. For mobile employees, interstate variations subject them and their employers to unnecessary uncertainty and often litigation.

These problems,...
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