SEN. GREENLEAF RECOGNIZED BY NATIONAL LAW ORGANIZATION

HARRISBURG—The National Conference of Commissioners on Uniform State Laws (NCCUSL) has recognized Sen. Stewart J. Greenleaf, R-Montgomery/Bucks, for his work in achieving the passage of the Uniform Trade Secrets Act in Pennsylvania.

The measure, Act 14 of 2004, provides legal protections against the actual or threatened misappropriation of a trade secret. Under the law, acquisition of a trade secret by improper means or disclosure of use of a trade secret without consent could result in an injunction that may condition use of the trade secret upon payment of a royalty. This would apply in cases in which a prohibitive injunction is deemed inequitable.

The uniform act provides for the recovery of monetary damages for the misappropriation of a trade secret. Damages may include both the actual loss caused by the misappropriation and any unjust enrichment that was not taken into account in calculating the actual loss. If the misappropriation was willful and malicious, the court may award exemplary damages up to twice the actual loss or unjust enrichment damages.

Greenleaf, the chairman of the Senate Judiciary Committee, was awarded a certificate of appreciation from NCCUSL President Fred H. Miller for helping to bring Pennsylvania on board with 43 other states that have enacted a uniform legal framework to improve trade secret protection for industries. Problems with industrial spying and arguments over ownership of new technologies and ideas of commercial value have made clear that uniform trade secret laws necessary.

The measure, which was sponsored by Sen. Charles Dent and cosponsored by Greenleaf, was supported by the Pennsylvania Bar Association and its Intellectual Property Law Committee.