Trans Pacific Partnership Terms Revealed but Trade Secret Protections Still UncertainILN IP Insider December 2, 2015
James P. Flynn, a Member of the Firm in the Litigation and Labor and Employment practices, in the firm’s Newark office, authored an article for ILN IP Insider titled “Trans Pacific Partnership Terms Revealed but Trade Secret Protections Still Uncertain.”
Following is an excerpt:
Let’s hope something got lost in the translation or in the printing because, reading section 2 and 3 together, it looks like member countries only have to provide procedures addressing unauthorised and wilful access, misappropriation and disclosure in one of those five categories. That means that the “protections” might leave four out of those five unaddressed. Thus, there may still be no redress for acts undertaken for financial gain in commerce to the intended detriment of the trade secret owner, perhaps in connection with a foreign entity. If that article really means what it says, and a Party to the TPP can limit its trade secrets protections only to address those cases “the acts are detrimental to a Party’s economic interests, international relations, or national defence or national security,” then the TPP has really promised almost nothing regarding trade secrets.