Assignments Trade Secrets Reserve Reading List Background Trade secrets are a forgotten corner of intellectual property law. In contrast, trade secrets arose and still exists primarily at common law. The Economic Espionage Act of 1996 criminalized certain acts of trade secret misappropriation at the federal level, but trade secret law is still state law insofar as civil claims are concerned. Over half the states, including Ohio, now have adopted the Uniform Trade Secrets Act. This statute, however, is generally drafted and was designed to codify the common law, not to curtail its development.
Trade secrets are also unique in another respect.
Their protection requires no application or government grant and can be accomplished with little preparation. In contrast, patents require a government grant issued upon a detailed application, full trademark protection requires federal registration, and federal registration of copyrights is a prerequisite to suing for infringement of copyright in any work of United States origin. These facts have two important ramifications. The many relevant doctrinal angles and conflicting policies make trade secret law, like unfair competition law, a fertile field for creative legal argument. A good lawyer with a sound knowledge of relevant precedent can protect a trade secret although its owner made little or no effort to protect it legally.