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Trade Secret Agreement Law

To analyze these models and their potential effects on the policies underlying business secrecy law, this article relies on case law and anecdotal evidence. If so, this article also draws on empirical literature. In general, empirical studies on trade secrets are quite limited, particularly in relation to other areas of intellectual property.112 Recent empirical work on non-compete clauses and restrictions on self-engineering provides useful information on the dissemination of these provisions, their application by the courts and their potential effects on innovation.113 However, , empirical studies have not yet addressed other unoccupied uses of contracts. Further analysis is needed to highlight the overall extent and effects of contractual provisions that deviate from standard standard rules of trade secrecy. The following parts provide a first framework for understanding doctrinal tensions and underlying political concerns. The pre-emption power of the federal state is limited to federal law; 204 Before Congress passed the DTSA, there was no federal civil trade secrecy law.205 UTSA, the widely adopted model state statute, contains a “preventive provision” “unauthorized, rendering and other ” . . . [state laws] providing for civil remedies for embezzlement of trade secrets. 206 However, this provision expressly excludes “contractual” rights,207.207 Therefore, there is no overlap in remedies for misappropriation of trade secrets and breach of UTSA208, and UTSA does not offer guidelines for resolving conflicts between national business secrecy and contract law. 209 [164]. Graves, see 5, at 83 years of age (noting that the courts and legislators certainly express “aversion and even hostility towards the notion of a non-competition clause and its effect on the mobile worker, but just as often justify the practice (and thus the so-called disaffection) by referring to the protection of the secrecy of business (omitted at the bottom of the page) see also Moffat , supra note 12, at 878 (“[T]he primary argument put for noncompetes – the IP justification justification …