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Publication

Trade Secrets in the United States and Japan: A Comparison and Prognosis

Dratler, Jay
Abstract
Trade secret law performs two vital functions: encouraging individual effort and investment in research and development and helping maintain "standards of commercial ethics."' In 1974, the U.S. Supreme Court upheld state trade secret law against a claim of preemption by federal patent law. As a result, protection for trade secrets has remained an integral part of the fabric of American intellectual property law.