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2015•SSRN Electronic JournalOpen access

Introduction: The Defend Trade Secrets Act of 2015

Christopher B. Seaman

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Abstract

This brief essay serves as an introduction to the Washington and Lee Law Review's online roundtable regarding the proposed Defend Trade Secrets Act of 2015, S. 1890, H.R. 3326 (hereinafter DTSA). Trade secrecy currently is unique among the major intellectual property doctrines because it is governed primarily by state rather than federal law. If adopted, the DTSA would substantially increase federal involvement in the realm of trade secrecy by amending the Economic Espionage Act (EEA) to create a private civil cause of action for misappropriation under federal law. This Introduction first summarizes the key aspects of the DTSA. It then introduces contributions to the Roundtable regarding the DTSA by Stephen Y. Chow, Eric Goldman, David Levine, John Marsh, and Sharon Sandeen.

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This brief essay serves as an introduction to the Washington and Lee Law Review's online roundtable regarding the proposed Defend Trade Secrets Act of 2015, S. 1890, H.R. 3326 (hereinafter DTSA). Trade secrecy currently is unique among the major intellectual property doctrines because it is governed primarily by state rather than federal law. If adopted, the DTSA would substantially increase federal involvement in the realm of trade secrecy by amending the Economic Espionage Act (EEA) to create a private civil cause of action for misappropriation under federal law. This Introduction first summarizes the key aspects of the DTSA. It then introduces contributions to the Roundtable regarding the DTSA by Stephen Y. Chow, Eric Goldman, David Levine, John Marsh, and Sharon Sandeen.

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Available abstract

This brief essay serves as an introduction to the Washington and Lee Law Review's online roundtable regarding the proposed Defend Trade Secrets Act of 2015, S. 1890, H.R. 3326 (hereinafter DTSA). Trade secrecy currently is unique among the major intellectual property doctrines because it is governed primarily by state rather than federal law. If adopted, the DTSA would substantially increase federal involvement in the realm of trade secrecy by amending the Economic Espionage Act (EEA) to create a private civil cause of action for misappropriation under federal law. This Introduction first summarizes the key aspects of the DTSA. It then introduces contributions to the Roundtable regarding the DTSA by Stephen Y. Chow, Eric Goldman, David Levine, John Marsh, and Sharon Sandeen.

Key concepts: Misappropriation, Trade secret, Secrecy, Political science, Law, Intellectual property, Industrial espionage, Law and economics

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