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Restatement (Third) of Unfair Competition, Chapter 4, Appropriation of Trade Values, Topic 2. Trade Secrets (Sections 39-40) © 1995 by The American Law Institute. Reproduced with permission. All rights reserved., United States of America
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Year of Version
1995
Dates
Adopted:
January 1, 1995
Type of Text
IP Legal Literature
Subject Matter
Undisclosed Information (Trade Secrets)
Notes
This excerpt has been reproduced with the express permission of the American Law Institute © 1995 (all rights reserved).
The American Law Institute publishes the “Restatements of the Law” treatises (under specific legal topics like unfair competition) as scholarly refinements of U.S. black letter law. Section 39 of the Third Restatement of Unfair Competition defines “trade secret” while Section 40 summarizes the standard of liability relating to the appropriation of another’s trade secret in most U.S. jurisdictions. The following Sections expand on the duty of confidence (41), breach of confidence by employees (42), improper acquisition of trade secrets (43), injunctions (44), and monetary relief (45).
Restatement Third, Unfair Competition, © 1995 by The American Law Institute. Reproduced with permission. All rights reserved.
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Restatement (Third) of Unfair Competition, Chapter 4, Appropriation of Trade Values, Topic 2. Trade Secrets (Sections 39-40) © 1995 by The American Law Institute. Reproduced with permission. All rights reserved.
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WIPO Lex No.
US216