The document discusses trade secret protection in the US and EU. In the US, trade secrets are protected under the Uniform Trade Secrets Act adopted by 46 states, and must meet criteria of being information that derives independent economic value from not being generally known and is subject to reasonable efforts to maintain secrecy. Protection of trade secrets in the US is provided through state laws and courts routinely enforce trade secret rights. The document recommends efficiently protecting trade secrets through non-disclosure agreements and security, licensing, and monitoring policies. It inquires about differences between trade secrets and intellectual property, and future protection of fashion trade secrets in the EU and US.

1. Tranoï, Paris, 23 & 24 January
2016
What are the differences
between intellectual
property rights & trade
secrets? How will your
fashion trade secrets be
protected, in the near future, in
the EU and the US?

2. Trade secrets in the US: what is the deal there?

3. 3
Uniform Trade Secret Act
(UTSA)
• UTSA adopted by 46
states
• Other states have adopted
their own state statutes
and/or continue to apply
common law
• Proposed Defend Trade
Secrets Act
Trade secrets: what is the framework in the US?

4. 4
Things to know about trade secrets in the US
1. Information
2. Derives independent economic value
3. Not generally known to other persons who can obtain
economic value from its disclosure or use
4. Subject of efforts that are reasonable under the
circumstances to maintain its secrecy
Trade secrets: what is the framework in the US?

5. 5
Trade secrets protection in the US
• Each state sets the scope of trade secret protection
•Significant level of protection offered by US courts
•US courts enforce trade secret protection & routinely do so
Trade secrets: what is the framework in the US?

6. How to efficiently protect your trade secrets in the US: the
holy Graal

7. 7
How to efficiently protect trade secrets?
• Sign NDAs!
• New & exiting employee
policies
• Screening policies
• Security policies
• Licensing policies
• Monitoring policies
Trade secrets: what is the framework in the US?

8. 8
What are the differences between intellectual property
rights & trade secrets? How will your fashion trade secrets
be protected, in the near future, in the EU and the US?
Annabelle Gauberti
Ialci president
contact@ialci.org
@ialci1901 on Twitter
Trade secrets: what is the framework in the US?