Trade Secrets bill passed, requires President's sign

herve falcianiThe US House of Representatives had passed a bill that pledged to give victims of trade secrets theft the power to sue in a federal court and set up laws in line with other forms of intellectual property.

Under the Defend Trade Secrets Act (DTSA), owners of trade secrets will be able to obtain federal relief for the misappropriation of their knowledge as opposed for it to go through individual state courts.


With an aim to "prevent the propagation or dissemination of the trade secret that is the subject of the action," a judge may order the seizure of another party's property under "extraordinary circumstances.


As per Robert Milligan, partner at law firm Seyfarth Shaw, "This is a very significant day for trade secret law." "The federal courts will now be open to trade secret owners when their valuable information is wrongfully taken. The legislation provides for robust remedies to protect trade secret owners from rogue business partners or employees who purloin valuable company information."


Tony Stiegler, partner at law firm Cooley said, "The DTSA will also bring a potentially strong new remedy to trade secret cases- the ex parte seizure of misappropriated trade secrets and the tools and data associated with the complained of conduct." "The act is meant to empower federal courts and trade secret theft victims with the power to seize evidence before it has the chance to be spirited away or destroyed by defendants. How this remedy will be used in practice will be hotly litigated and subject certainly to strict judicial review"


However, US President Barack Obama had already publicly backed the bill, yet needs to be signed.

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