Trade Secret (Whitgift)
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Under MUTSA, a court can enjoin actual or threatened misappropriation of trade secrets, compel affirmative acts necessary to protect a trade secret, and award damages for misappropriation. Misappropriation includes the disclosure or use of a trade secret without consent. Our legislatures have passed trade secret laws to encourage both business ethics and innovation. Such laws enable businesses to trade secret shop online into good faith transactions, form stable relationships, and share confidential information, which in turn assists in product development.
Also, trade secret laws encourage research and development by supplementing the patent system and supporting innovators who seek to retain the value of the discoveries. Further, trade secret laws punish industrial espionage and deny competitors an advantage they have obtained trade secret shop online unfair means. The court in Bliss concluded that the disputed status of information as a trade secret does not preclude a court from determining whether a claim is displaced by MUTSA.
It does not preempt all common-law unfair competition claims, only those that are based on misappropriation of trade secrets. MUTSA trade secret shop online does not displace claims that are based on wrongful conduct that is independent of the alleged misappropriation of trade secrets. Wysong CorpF Supp 2d at palming off claim not displaced by MUTSA because it was not factually and legally based on misappropriation of trade secrets but instead related to allegation that defendants sold confusingly similar products.
Similarly, MUTSA trade secret shop online not displace a common-law unfair competition claim where the plaintiff alleges misconduct that could be deemed unethical or unfair irrespective of whether trade secrets are involved. While most trade secrets issues will be litigated under state law, there are examples of analogous civil actions brought under federal statutes. The new law is intended to give trade secrets the same federal protections that patents, trademarks, and copyrights have long received.
While the new law largely mimics the UTSA in substance e. Another noteworthy feature of the DTSA is a provision for whistleblower immunity. You are viewing a sample. To learn more about ICLE's online subscription services, visit the trade secret shop online. Misappropriation of Trade Trade secret shop online. This citation has been adapted from the citation style for online resources as outlined in The Bluebook: A Uniform System of Citation. Quickly add this citation to your legal documents by copying and pasting it into your word processor.
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