This is the "Trade Secrets" page of the "Intellectual Property Law Research" guide.
Alternate Page for Screenreader Users
Skip to Page Navigation
Skip to Page Content
 

Intellectual Property Law Research  

Last Updated: Aug 23, 2017 URL: http://libguides.law.usd.edu/intellectualproperty Print Guide RSS Updates

Trade Secrets Print Page
  Search: 
 
 

Books on Trade Secrets Law in the USD Law Library

Cover Art
Intellectual Property and Unfair Competition - Charles R. McManis & David J. Friedman
Call Number: STUDY AIDS AND ACADEMIC SUCCESS - MAIN FLOOR KF1610 .M35 2013
ISBN: 0314280642
Publication Date: 2013

Cover Art
Uniform Laws Annotated - E. Thomson Co., ALI, National Conference of Commissioners on Uniform State Laws
Call Number: MAIN FLOOR COLLECTION - NON-CIRCULATING KF879.A45 U5
Publication Date: 2005
Volume 14 of the ULA contains the Uniform Trade Secrets Act with 1985 Amendments.

Cover Art
Restatement of the Law, Third, Unfair Competition - American Law Institute Staff
Call Number: RESTATEMENTS/ALI COLLECTION - MAIN FLOOR/LOWER LEVEL
ISBN: 0314042512
Publication Date: 1995-01-01

 

Statutes, Restatements and Cases

1. The protection of trade secrets is governed by state law. Trade secret law originated at common law. Almost all states now have adopted the Uniform Trade Secrets Act (UTSA) which allows the owner of a trade secret to prevent its misappropriation.  The UTSA defines a trade secret as "information, including a formula, pattern, compilation, program, device, method, technique, or process, that: i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use, and ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy." 

WestlawNext (log in required): Statutes & Court Rules > (right column) Uniform Laws Annotated - annotated copy of UTSA, with Table of state statutes and list of law review and journal commentaries.

BloombergLaw (log in required): Practice Centers > Intellectual Property Center > Trade Secrets Law > Trade Secrets: A State-By-State Survey

WestlawNext (log in required): Statutes & Court Rules > (right column) 50 State Statutory Surveys > Intellectual Property > Trademarks and Trade Secrets

South Dakota's enactment of the Uniform Trade Secret Act is codified at S.D.C.L. ch. 37-29.

2. Trade secret law is also addressed in the Restatement (First) of Torts §§757-759 and the Restatement (Third) of Unfair Competition §§39-45.  

WestlawNext (log in required): Secondary Sources > Restatements & Principles of the Law > Torts, Unfair Competition

LexisAdvance (log in required) - Source: Restatement 3d, Unfair Competition - Rules Section.

South Dakota Trade Secret Case Law:

BloombergLaw (log in required): Practice Centers > Intellectual Property Center > Practice Pages > Trade Secrets > State Court Trade Secret Law Opinions > South Dakota.

 

Online Trade Secret Law Resources

Bloomberg Law (log in required). Practice Centers > Intellectual Property Center > Trade Secret Law:
Trade Secrets: A Practitioner's Guide   
Portfolio 43-3d: Trade Secrets Protection & Remedies (treatise)

HeinOnline (law school database): Search for law review and journal articles > Law Journal Library > use a "field search" (keywords) and the subject "Intellectual Property"

LexisAdvance (log in required): Browse Topics > Trade Secrets Law. Sources include Milgrim on Trade Secrets.

WestlawNext (log in required):

  • Browse Topic > Intellectual Property
  • Secondary Sources > Texts & Treatises > Intellectual Property Texts & Treatises, including Corporate Counsel's Guide to Protecting Trade Secrets
Description

Loading  Loading...

Tip