Intellectual Property
About This Guide
This Research Guide is intended to provide those researching issues in Intellectual Property Law with a starting point for their studies. Intellectual Property is a broad area in the law, comprising the three distinct but interconnected doctrinal areas of Copyright, Patent, and Trademarks. In addition, this Guide includes resources pertaining to a fourth type of intellectual property: trade secrets.
This Research Guide is organized into five sections, with one section providing resources on the overarching area of intellectual property, and the remaining sections each corresponding to one of the foregoing specific doctrinal areas. Each tab in the navigation bar above will take the researcher to a variety of materials - both print and online - that should assist them in their study of and research into Intellectual Property Law and its component parts.
Trade Secret Law
Beyond copyright, patent, or trademarks there is a fourth type of intellectual property, known as trade secrets (or undisclosed information).
As defined in Black's Law Dictionary (11th Ed. 2019), TRADE SECRET means/ refers to:
1. A formula, process, device, or other business information that is kept confidential to maintain an advantage over competitors; information — including a formula, pattern, compilation, program, device, method, technique, or process — that (1) derives independent economic value, actual or potential, from not being generally known or readily ascertainable by others who can obtain economic value from its disclosure or use, and (2) is the subject of reasonable efforts, under the circumstances, to maintain its secrecy. 2. Information that (1) is not generally known or ascertainable, (2) provides a competitive advantage, (3) has been developed at the plaintiff's expense and is used continuously in the plaintiff's business, and (4) is the subject of the plaintiff's intent to keep it confidential.
Primary Sources - Legislation
From the Legal Information Institute (LII) at Cornell Law School: The Uniform Trade Secrets Act (USTA)
Getting Started
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Understanding Trade Secret Law
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Today the acquisition, control, and use of information drive both our economy and society in general. Trade secret law is the main tool for protecting valuable information. This treatise explains trade secret law clearly and succinctly, while being mindful of the evolving policies and tensions that underlie the field. It examines state law under the Uniform Trade Secrets Act and federal law under the 2016 Defend Trade Secrets Act, together with common law doctrine.
Call Number: online onlyISBN: 9781531011963Publication Date: 2020-05-01 -
Trade Secret Law Including the Defend Trade Secrets Act of 2016 in a Nutshell
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Trade Secret Law is the first and only book in the Nutshell series to cover trade secret law in depth. It was written as a companion to Cases and Materials on Trade Secret Law by Rowe and Sandeen (the first casebook on trade secret law), but adds more practical advice. Thus, it is a useful resource for attorneys and law students alike. It could be a supplement to a course on trade secret law or an IP survey course that covers trade secret law, as most now do. Like the casebook, it focuses on the predominate law governing trade secrets in the U.S.: The Uniform Trade Secrets Act (now applicable in 47 of 50 states). The Trade Secret Law in a Nutshell addresses both international and criminal enforcement of trade secret rights. The Second Edition includes significant legal developments, including coverage of the Defend Trade Secrets Act of 2016.
Call Number: online onlyISBN: 9781683285267Publication Date: 2017-12-15
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Protecting Trade Secrets
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While many companies have sophisticated processes to capture the inventions and expressions of ideas that may be subject to patent or copyright protection, few companies give significant thought to the practicalities involved in protecting their trade secrets, and yet they are a critical component of a well-rounded intellectual property.
This updated edition of Protecting Trade Secrets Before, During, and After Litigation is an essential resource for any trial lawyer or in-house counsel. With over 35 years of experience as a litigator, Chris Scott Graham provides practical advice to help clients and litigation teams establish protocols for identifying trade secrets, evaluating risk, and effectively strategizing when confronting the prospect of trade secret litigation.
Call Number: KF3197 .G73 2012ISBN: 9781641058889Publication Date: 2021-09-03 -
Guide to Protecting and Litigating Trade Secrets, Second Edition
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Trade secrets are of great and increasing importance to the U.S. economy, representing the vast majority of U.S. intellectual property. Corporations spend billions of dollars to protect their trade secrets, but with data breaches on the rise, the scenario of the ever-increasing threats to trade secret protection is bleaker than ever. Because of this, trade secret litigation is increasing at a phenomenal rate. As a result of the ever-increasing number of trade secret lawsuits, litigants have paid and juries have awarded hundreds of millions--even billions--of dollars. This book is intended to help business executives and in-house counsel take control of and protect what may be their business's most valuable asset--its trade secrets. In addition to a broader, more academic look at trade secret law, the book also draws on current, real-life examples of trade secret nightmares and the litigation experience of its primary authors to provide practical advice to the business owner, small legal department or firm, and solo practitioner.
Call Number: KF3197 .G85 2020ISBN: 9781641055628Publication Date: 2021-01-21 -
Trade Secrets
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"This research guide provides information on where to find the disparate elements that are important to begin to understand the area of trade secret law. It lists U.S. federal and state laws as well as international laws, discusses an array of court cases, many of which offer conflicting analysis and decisions, and covers the Uniform Trade Secrets Act. The guide offers a method for discerning relevant case decisions, laws, articles and web materials"--Publisher.
Call Number: KF3197 .G85 2020ISBN: 9780837738772Publication Date: 2013-01-01
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Milgrim on Trade Secrets
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Milgrim on Trade Secrets Is the Source That Is Cited As The Authority In Countless Trade Secret Cases. Get Complete Coverage. In addition to its analysis of traditional trade secret problems, such as those arising between owners of trade secrets and their employees, this treatise provides full coverage of other legal issues, including criminal, administrative, antitrust and tax considerations. Milgrim on Trade Secrets is the complete guide to protecting and using trade secrets and other intangible property. * Protection by contract and by operation of law * Substantive and procedural problems of litigation * Taxation and antitrust issues related to trade secrets * Effect of the employer-employee relationship on trade secrets * Relationship between trade secrets and other areas of intellectual property First published in 1967.
FROM THE PUBLISHER
Milgrim on Trade Secrets is the most frequently cited treatise in trade secrets law. Written by two recognized experts with practical experience in all aspects of trade secrets protection and litigation, it is cited as "the authority" in over 200 trade secret cases, including 11 state and federal cases in the past two years alone.
Get Comprehensive, Authoritative Information in One Publication
This unrivaled legal resource provides in depth coverage on trade secret definitions, how to protect a trade secret, and pretrial and trial considerations. In addition to its analysis of traditional trade secret problems such as those arising between owners of trade secrets and their employees, this treatise provides full coverage of other legal issues, including criminal, administrative, antitrust and tax considerations.
The set contains a chapter on intellectual property and the Internet, dealing specifically with trade secrets and the Internet and how the use of e-mail can affect confidentiality, as well as an overview of trademarks and the Internet, copyright and the Internet and the current state of the law regarding personal jurisdiction based on Internet contacts. There is also extensive practical guidance.
Find Detailed References to Individual State Law.
As trade secret law is governed largely by state law, there is detailed footnote material for almost every jurisdiction. These are listed by state in alphabetical order to save practitioners time in finding the applicable law.
Call Number: Online (Lexis+) onlyPublication Date: Continuously Updated Resource
