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Three Ways the DTSA Uniquely Protects Biotech Trade Secrets in the United States

The protection of intellectual property in the biotech industry is critical. Patents are the most common form of IP protection for biotech inventions. While patent protection provides one form of protection against IP theft, many situations exist where patent protection remains ineffective and strong trade secret protection is needed. 

The enactment of the Defend Trade Secrets Act (DTSA) has reinvigorated trade secret protection in the United States, and has led to a significant increase in the number of trade secret misappropriation claims involving biotechnology. In this article, we explore a few recent cases that demonstrate how trade secret protection and the DTSA uniquely protect biotech inventions.

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This article first appeared on the website of the Healthcare and Life Sciences Law Committee of the Legal Practice Division of the International Bar Association, and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association.

*Arent Fox Intellectual Property Law Clerk Sanum Patel contributed to this article.

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