What is the nature of trade secret protection and where does it come from?
Trade secret protection stems from the common law and dates back to the 1800's. Today, every state recognizes some form of trade secret protection. Most states have legislation that specifically recognizes trade secrets, though some still rely solely on common law principles.
Most of the states that have trade secret laws use the Uniform Trade Secrets Act, which has helped create a more uniform body of law from state to state than if each state had its own unique law. In sharp contrast to patents, copyrights and trademarks, which are all Federal-based forms of intellectual property, trade secret protection originates and is primarily maintained through state law.
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