Trade secret law is a rapidly developing and increasingly popular system of intellectual property which strikes a tenuous balance between individual profit benefit through secrecy and maximization of social welfare. In doing so, trade secret law adopts some property-based and some liability-based principles. This Article argues that criminalizing trade secret appropriation unjustifiably extends protection as a property-based concept beyond economically efficient goals. The author concludes that punitive damages within the context of civil liability are a more economically efficient means to deter unauthorized use of trade secrets and "socially blameworthy" conduct.
I. Neel Chatterjee,
Should Trade Secret Appropriation Be Criminalized,
19 Hastings Comm. & Ent.L.J. 853
Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol19/iss4/4