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A Practical Study on the Protection Status of Trade Secrets of US Companies

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2018, 6(3), pp.9-48
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

CHUN YONG TAE 1

1경기대학교

Candidate

ABSTRACT

Nowadays, Korean company’s overseas expansion is remarkable, and there are lots of regions where we have advanced in many places but have deep economic ties. In this situation, researches and studies on trends of trade secret protection in the United States have very useful significance. Therefore, this study examined the research and study on the trend of trade secret protection in the United States. The purpose of this paper is to provide meaningful information to lawyers about US trade secret protection in order to provide information on US trade secret protection. So this article explains the US protection status based on the Defend Trade Secrets Act of 2016, which was enacted in May 2016 in the United States. First of all, the United States, based on case law, examines the characteristics of the US legal system, which is considered to be beneficial for understanding trade secret protection in the United States, in view of the different laws and laws of the United States based on continental law. The results of reviewing practical trends of protection are discussed. The leakage of trade secrets is increasing due to internal corruption of people who can easily access information originally. It is impossible to completely prevent leakage to the outside regardless of technical and physical management within the enterprise. First, it is necessary to identify where confidential information is located in the enterprise, to evaluate whether the protection situation is sufficient, and to review necessary measures by referring to the trade secret management guidelines or international standards. Keeping trade secrets and leaking is also an act that people do. In addition to technical and physical measures, human resources management is very important for information security measures. It is also important to take appropriate measures in advance from the perspective of how effective legal action can be taken when a leak occurs. If there is a suspicion of leakage of trade secrets, it is necessary to identify the facts and make a firm response.

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