LOS SECRETOS INDUSTRIALES EN DERECHO ESTADOUNIDENSE.

Abstract

Trade secrets has a broad and relevant protection under the US law which sometimes conflicts with other laws regarding other intellectual and industrial properties. The states have the competence to legislate in relation to trade secrets. However, the case law is also a relevant source of law, as it usually happens in common law systems. Notwithstanding the aforementioned, there is a federal model of law which is not binding or directly applicable, that is contained in the Uniform Trade Secrets Act. It is commonly accepted that trade secrets are any kind of information which is secret and has some economic value. These requirements do not have to be fully met because it is allowed to have some flexibility in the relationship between them. But the case law requires that some reasonable measures to keep the information secret have been adopted by its owner in order to give legal protection to the trade secret. This article analyses the different elements of the trade secrets and the protection that has been given by the courts in disputes related to them.