US Federal Government Focusing on Trade Secret Legislation, Enforcement & PolicyILN IP Insider, March 11, 2015
James P. Flynn, a Member of the Firm and the Managing Shareholder of the firm’s Newark office, authored an article in ILN IP Insider, titled “US Federal Government Focusing on Trade Secret Legislation, Enforcement & Policy.”
Following is an excerpt:
In its broadest strokes, American law recognizes four types of intellectual property—patents, trademarks, copyrights and trade secrets. Patents and trademarks have been enshrined in US federal law since the 1780s, through the Constitution, and trademarks have been protected at national level since the 1870s through legislation. But until quite recently, trade secret protection has been left to the law of individual states. This may surprise many since the US companies dependence on trade secrets exceeds dependence on patents, trademarks, and copyrights by a two to one margin, at least as measured by their IP portfolio values in a 2014 study. The US federal government, however, has stepped more directly into the trade secret picture in 2015 on the legislative, enforcement and policy front.