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Note: Improving The Defend Trade Secrets Act Of 2016: Against Preempting State Trade Secret Law, Victoria Hanson
Note: Improving The Defend Trade Secrets Act Of 2016: Against Preempting State Trade Secret Law, Victoria Hanson
Notre Dame Journal on Emerging Technologies
In order to better protect companies from losing their valuable trade secrets and prevent irreparable harm, Congress enacted the Defend Trade Secrets Act of 2016 (DTSA),8 the first federal civil protection given for trade secrets. In this paper, I argue that the DTSA has indeed not met its supposed goals, but the solution does not lie in preempting state law. Firstly, I explain the history, goals, and provisions of the DTSA and how it has failed to meet the original goals over the past three years. Secondly, I explain the argument for the DTSA to preempt state law and its …
Note: Fracking Fluids: Regulatory Disclosure And Trade Secret Ingredients, Alison Ibendahl
Note: Fracking Fluids: Regulatory Disclosure And Trade Secret Ingredients, Alison Ibendahl
Notre Dame Journal on Emerging Technologies
The Note reviews current law, policy, and politics that are part of the discussion around disclosing fracking fluid trade secrets. Part I of this paper provides a background of fracking, why it is valuable, and intellectual property regimes used by owners of fracking relating to intellectual property. Part II reviews the regulatory takings doctrine, trade secret law and the interaction between them. Current disclosure laws, the policy considerations of disclosure law, and political attitudes towards fracking are discussed in Part III. This review concludes with general comments on current disclosure and the potential changes to regulations.
Executive Trade Secrets, Tom C. W. Lin
Executive Trade Secrets, Tom C. W. Lin
Notre Dame Law Review
The article presents information on the commercial secrets of corporations and the need of its legal protection against disclosure. The divergent treatment of secrets in the case of public corporations and private individuals, challenges related to executive disclosures and the privacy interests of executives are discussed. The related obligations, legal tensions and inconsistent practices are also discussed.
Once And Future Copyright, James Gibson
The Parable Of The Seeds: Interpreting The Plant Variety Protection Act In Furtherance Of Innovation Policy, Jim Chen
Notre Dame Law Review
No abstract provided.