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last April 4th United States Senate has unanimously approved (and
I emphasize, unanimously) the Defend Trade Secrets Act (DTSA) that modifies the Economic
Espionage Act (EEA). This is intended to strengthen the position of holders of business secrets,
granting them protection through federal legislation comparable to that
corresponds to trademarks, patents and copyrights. The Law now passes to
Congress, where no surprises are expected since it seems that there is
unanimous opinion, which also includes the White House, that this is an issue
that affects the national economy and must be treated with the greatest care.
last April 4th United States Senate has unanimously approved (and
I emphasize, unanimously) the Defend Trade Secrets Act (DTSA) that modifies the Economic
Espionage Act (EEA). This is intended to strengthen the position of holders of business secrets,
granting them protection through federal legislation comparable to that
corresponds to trademarks, patents and copyrights. The Law now passes to
Congress, where no surprises are expected since it seems that there is
unanimous opinion, which also includes the White House, that this is an issue
that affects the national economy and must be treated with the greatest care.
La
new Law represents one more step in the long path traveled by the United States
in the protection of business secrets. After the
jurisprudence, which began in the XNUMXth century, was constructing the concept, limits
etc., the States of the Union were incorporating laws for the protection of
this intangible asset. The “jurisprudential production” has not ceased until
our days, but state laws were complemented by a Uniform Law, which further harmonized the concept and fundamental elements for the protection
of business secrets and a Federal Law. The Economic Espionage Act had, however,
certain limits, since it was only applicable in cases of infringement
criminal committed by foreigners. This protection also did not cover different
aspects of misappropriation of business secrets.
new Law represents one more step in the long path traveled by the United States
in the protection of business secrets. After the
jurisprudence, which began in the XNUMXth century, was constructing the concept, limits
etc., the States of the Union were incorporating laws for the protection of
this intangible asset. The “jurisprudential production” has not ceased until
our days, but state laws were complemented by a Uniform Law, which further harmonized the concept and fundamental elements for the protection
of business secrets and a Federal Law. The Economic Espionage Act had, however,
certain limits, since it was only applicable in cases of infringement
criminal committed by foreigners. This protection also did not cover different
aspects of misappropriation of business secrets.
With
the regime established by the DTSA, claims relating to products or
local services will be filed in state court but when the case
affect interstate or international commerce will be the federal courts
those who will intervene. The DTSA establishes harmonized rules regarding the
definition of business secret, activities that are considered illegal,
damages and precautionary measures. It also establishes a maximum period
of three years for the initiation of the action, from when the
infringement of rights.
the regime established by the DTSA, claims relating to products or
local services will be filed in state court but when the case
affect interstate or international commerce will be the federal courts
those who will intervene. The DTSA establishes harmonized rules regarding the
definition of business secret, activities that are considered illegal,
damages and precautionary measures. It also establishes a maximum period
of three years for the initiation of the action, from when the
infringement of rights.
While
so much, the Trade Secrets Protection Directive continues its long
path started in 2013, after having been the subject of criticism, not entirely
understandable by some social agents. And once it is approved,
which is expected in the plenary session of the European Parliament on the 13th and 14th of
April, we will still have to wait another two years until it is implemented in the
legislation of all countries.
so much, the Trade Secrets Protection Directive continues its long
path started in 2013, after having been the subject of criticism, not entirely
understandable by some social agents. And once it is approved,
which is expected in the plenary session of the European Parliament on the 13th and 14th of
April, we will still have to wait another two years until it is implemented in the
legislation of all countries.
La
comparison between legislative initiatives on both sides of the Atlantic
should make us think, both in this and in other topics, about how
Legislation contributes to the prosperity of nations.
comparison between legislative initiatives on both sides of the Atlantic
should make us think, both in this and in other topics, about how
Legislation contributes to the prosperity of nations.
La
Trade secret protection is very important for the development
technological and not only affects companies, but also institutions
public research. The Directive currently under discussion must give us a
better legal framework than the one provided in each of the States and
harmonize the protection provided. But
will also force us to address many
aspects, to properly protect and defend business secrets, even
before its implementation in Spanish legislation occurs. But of
That's why I hope to have the opportunity to speak on another occasion not too distant from now.
Trade secret protection is very important for the development
technological and not only affects companies, but also institutions
public research. The Directive currently under discussion must give us a
better legal framework than the one provided in each of the States and
harmonize the protection provided. But
will also force us to address many
aspects, to properly protect and defend business secrets, even
before its implementation in Spanish legislation occurs. But of
That's why I hope to have the opportunity to speak on another occasion not too distant from now.
Author Javier Fernandez-Lasquetty
Visit our web page: http://www.elzaburu.com/
