What is the scope of trade secret protection in the United States?
In the United States, trade secret protection is generally provided by both federal and state law. Federal law provides protection for trade secrets in certain circumstances through the Defend Trade Secrets Act of 2016, which is enforced by the U.S. Department of Justice. This law provides for civil remedies, criminal penalties, and border control measures for trade secret misappropriation. At the state level, many states have adopted versions of the Uniform Trade Secrets Act to protect against unauthorized disclosure, use, or misappropriation of trade secrets. In Arizona, the state’s version of the Uniform Trade Secrets Act is found at A.R.S. 44-401 et seq. It provides for injunctive relief and legal liability for damages resulting from trade secret violation. Under the Uniform Trade Secrets Act, trade secrets are defined as any information, whether tangible or intangible, including business plans, customer lists, formulas, patterns, or devices that have independent economic value because of its secrecy and is the subject of reasonable efforts to maintain its secrecy. In summary, the scope of trade secret protection in the United States is vast, and is provided for both under federal and state law. In Arizona, the state’s version of the Uniform Trade Secrets Act provides for both injunctive relief and legal liability for damages resulting from trade secret violation.
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