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Uniform Trade Secrets Act
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Uniform Trade Secrets Act : ウィキペディア英語版
Uniform Trade Secrets Act

The Uniform Trade Secrets Act (UTSA), published by the Uniform Law Commission (ULC) in 1979 and amended in 1985, was a uniform act of the United States promulgated in an effort to provide legal framework to better protect trade secrets for U.S. companies operating in multiple states. The UTSA aimed to codify and harmonize standards and remedies regarding misappropriation of trade secrets that had emerged in common law on a state-to-state basis.〔
, the UTSA has been enacted by 47 states, and by the District of Columbia, Puerto Rico and the U.S. Virgin Islands.〔
==Motivation==
A prefatory note to the UTSA states some original motivations for the act:
The UTSA made note of the commercial value and competitive advantages inherent in trade secrets. Unlike patent protection, which was addressed at the federal level, trade secret misappropriation was addressed at the state level.〔
In the United States there existed a prevalence of interstate commercial transactions that extended beyond the jurisdiction of individual state legislation. For example, goods may have been manufactured in State A, warehoused in State B, sold from State C, and delivered in State D.
As a result, the UTSA sought to alleviate the uneven development and "uncertainty concerning the parameters of trade secret protection" by recommending a uniform trade secret law and, at the same time, allowing the states the flexibility to meet local circumstances by modifying the text as enacted in each state.〔
In addition to providing some recourse for any uncertainty associated with a patent, the UTSA also serves to codify the common law remedies that have emerged in many states. These remedies are based on legal precedent set by previous cases, and therefore allow for greater uncertainty, particularly in less industrial states where there have been fewer trade secret cases.
The UTSA notes that any confusion caused by having strictly common law remedies to trade secret misappropriation was exacerbated by omitting trade secret rules from the second edition of the Restatement of Torts.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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