Restatement (Third) of Unfair Competition, Chapter 4, Appropriation of Trade Values, Topic 2. Trade Secrets (Sections 39-40) © 1995 by The American Law Institute. Reproduced with permission. All rights reserved. (Version with Automatic Translation Tool)
- The American Law Institute publishes the “Restatements of the Law” treatises (under specific legal topics like unfair competition) as scholarly refinements of U.S. black letter law. Section 39 of the Third Restatement of Unfair Competition defines “trade secret” while Section 40 summarizes the standard of liability relating to the appropriation of another’s trade secret in most U.S. jurisdictions. The following Sections expand on the duty of confidence (41), breach of confidence by employees (42), improper acquisition of trade secrets (43), injunctions (44), and monetary relief (45). © ALI 1995