Intellectual Property MCLE
Topic: The Defend Trade Secret Act of 2016
Speaker: R. Mark Halligan
Date: Monday, September 26
Time: 11:45 lunch, 12:00 presentation
Level: Intermediate and Advanced
The Defend Trade Secrets Act of 2016 (DTSA) creates a federal civil cause of action for trade secret misappropriation together with ex parte seizure provisions to prevent the theft and loss of trade secret assets.
The passage of the DTSA is a watershed event in intellectual property law. The full Senate passed the DTSA on April 11, 2016 (87-0). Thereafter, the House of Representatives passed the DTSA on April 27, 2016 (410-2). President Obama signed the bill into law on May 11, 2016.
There is no preemption. The district courts of the United States shall have original jurisdiction over DTSA civil causes of action but DTSA causes of action will co-exist with private civil causes of action under the Uniform Trade Secrets Act (UTSA) and criminal prosecutions under the Economic Espionage Act of 1996 (EEA). In this way, the DTSA mirrors the Lanham Act of 1946 that creates federal civil causes of action that co-exist with state trademark laws and other statutes.
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