Posts Tagged: "EEA"

Brexit has been postponed and will not now happen at midnight on March 29, 2019.The UK’s House of Commons has twice voted against the Withdrawal Agreement and Political Declaration, which were agreed between the UK Government and the European Union in November 2018. It is not clear at this stage whether Members of Parliament (MPs) will support the Agreement if and when it is put before them again. The UK Government updated its guidance on IP and Brexit on March 22 2019.The most important point for IP rights holders is that on Brexit day, whenever that is, unitary EU rights (notably EU trademarks and registered Community designs) will cease to cover the UK, unless there is an agreement to the contrary.

The DTSA amends the definition of misappropriation from what was found in the EEA to bring the definition more in line with that of the Uniform Trade Secrets Act (UTSA) that has been adopted by almost all U.S. states. Indeed, apart of explicitly recognizing certain potential defenses that are discussed in the commentary of the UTSA, the DTSA is identical to the UTSA. According to the House Report, “The Committee intentionally used this established definition to make clear that this Act is not intended to alter the balance of current trade secret law or alter specific court decisions.” House of Representatives, Report No. 114-529, April 26, 2016, at 14. Federal courts therefore, will look to state decisions involving the state’s version of the UTSA for guidance.