Congress is considering two bills that would create a federal private right of action for trade secret theft, according to David Clark of Epstein Becker & Green in this recent blog post. The bills, The Trade Secrets Protection Act and the Defend Trade Secrets Act, have been “spurred” by the cyberspying on American companies, he says.
The proposals have many supporters, reports Clark, including the National Association of Manufacturers, but lately they have had a vocal opponent: a group of law professors from the intellectual property and trade secret fields. On Aug. 26, 31 professors sent a letter to the sponsors of the legislation and other members of Congress. In it, they argue the acts would “create or exacerbate many legal problems but solve none.”
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