Does the federal government recognize trade secret protection?

Federal Trade Secret Trade Secrets Intellectual Property

Does the federal government recognize trade secret protection?

It does, but Federal law does not create a civil remedy enabling one private party to take action against another to protect its trade secrets or recover damages from a misappropriation of trade secrets.

The Federal Government (1) makes it a crime for any Federal employee to knowingly disclose the trade secrets of a private party (18 U.S.C. § 1905); (2) makes it a crime for any U.S. citizen, permanent resident alien, or organization organized under Federal, state or local law to disclose trade secrets (18 U.S.C. § 1832) and increases the penalties if such disclosure is made to a foreign country government (18 U.S.C. § 1833); (3) permits injunctive relief against the United States if there is a threat of knowing or inadvertent disclosure of a trade secret by the U.S. Government; and (4) permits the U.S. Court of Federal Claims to award monetary relief in favor of a private party against the United States for damages resulting from the government’s improper disclosure of a trade secret.

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