Restatement (third) of Unfair Competition Current through June 2009

a. Rationale for protection. The protection of confidential business information dates at least to Roman law, which afforded relief against a person who induced another's employee to divulge secrets relating to the master's commercial affairs. The modern law of trade secrets evolved in England in the early 19th century, apparently in response to the growing accumulation of technical know-how and the increased mobility of employees during the industrial revolution. In the United States the protection of trade secrets was recognized at common law by the middle of the 19th century, and by the end of the century the principal features of contemporary trade secret law were well established.