On April 5-6, World Intellectual Property Review and Intellectual Property Magazine quoted intellectual property litigation partner Peter Brody (Washington, D.C.) in articles on the U.S. Senate unanimously passing the Defend Trade Secrets Act (DTSA), in an 87-0 vote. The Senate agreed to give companies greater legal protections for their commercial secrets – such as customer lists, formulas, and manufacturing processes – and would vest federal courts with original jurisdiction in cases brought under the new statute. Currently civil trade secret claims are governed exclusively by state law, which marks a distinction between the protection afforded to trade secrets versus other intellectual property claims, such as patents, copyrights and trademarks.
Mr. Brody explains that the DTSA bill is designed to respond to growing concerns about trade secret vulnerability from both traditional sources such as former employees and cyber-based threats. The bill includes a provision that in “extraordinary circumstances” the court can issue an order allowing for property to be seized, if seizure would help prevent further dissemination of that secret information.
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