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Trade Secrets: Restatements & Model Acts

Restatements

Misappropriation of trade secrets is discussed in the Restatement (First) of Torts, Division Nine. Interference with Business Relations, Part 1. By Trade Practices, Chapter 36. Miscellaneous Trade Practices. Trade Secrets are also discussed in the Restatement (Third) of Unfair Competition, Chapter 4. Appropriation of Trade Values, Topic 2. Trade Secrets.  Although Restatements are not binding authority, they may be considered persuasive authority and are frequently considered by the courts.  Sources include:

Model Acts

The Uniform Trade Secrets Act (UTSA) is a uniform act drafted by the Uniform Law Commission.  The UTSA is intended to provide a uniform legal framework which codifies the basic principles of common law trade secret protection and preserves essential distinctions from patent law.  Many states, but not all, have adopted the UTSA as state law.