Historically, trade secrets, unlike any other forms of intellectual property, have been protected only under state laws. Approximately 40 years ago, a consensus began to emerge that state trade-secret law had become so varied from state to state that some sort of nationwide uniformity was needed. Accordingly, in 1979, the National Conference of Commissioners on Uniform State Laws approved and recommended the Uniform Trade Secrets Act (UTSA). Since that time, 48 8states have enacted some version of the UTSA. The versions of the UTSA passed by state legislatures, however, often differ from the original UTSA, and state courts have likewise differed in their interpretations of the various versions of the UTSA that states have enacted. Unlike other forms of intellectual property, which enjoy protection under federal statutes, this has resulted in a situation in which a company's trade-secret rights may vary drastically depending on where it is located.
The complete article, "Creative Opportunities- The Defend Trade Secrets Act of 2016 is Here and it's a Big Deal," first appeared in For the Defense in July 2016.