By: Northeastern University
The course addresses these issues, among others: Should the state protect trade secrets? If so, why? When is information entitled to protection as a trade secret? What constitutes the misappropriation of trade secrets? How do courts balance the rights of firms to protect their trade secrets and the rights of the firms former employees to obtain employment in their fields? Do courts enforce non-competition agreements in order to protect trade secrets? If so, under what circumstances? Should courts enjoin individuals from taking certain jobs based on the theory that those individuals inevitably will disclose the secrets of their former employers? What remedies are available to the victims of trade secret misappropriation? Should civil trade secret law, like patent, copyright and trademark law, be federalized? Why has the federal government criminalized trade secret theft, and how does federal law impact state trade secret law? In addition to participating in class discussions, students will prepare a brief in support of or opposition to a motion to preliminarily enjoin a hypothetical companys former employee from working for or disclosing the companys trade secrets to its competitor. Prereq. Law and public policy students only.