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.
Jay Dratler Jr.,
Trade Secrets in the United States and Japan: A Comparison and Prognosis,
Yale J. Int'l L.
Available at: http://digitalcommons.law.yale.edu/yjil/vol14/iss1/3