Every state recognizes some form of Trade Secret Protection, though some still rely solely on common law principles. The Trade Secret Protection includes avoidance of unjust enrichment from trade secret misappropriation. Unlike patents and copyrights, Trade Secret Protection lasts indefinitely or as long as the protect able information remains secret. Trade Secret Protection lasts indefinitely or as long as the protect able information remains secret unlike patents and copyrights. To maintain proper standards of business ethics is the policy basis of Trade Secret Protection. Trade Secret Protection has the policy basis to encourage research and development by providing protection to the originator of business information. Trade Secret Protection is available only for information not generally known, and is not available for information, which is common knowledge.

      Trade Secret Protection under contract theories includes instances in which there existed an express contract concerning non-disclosure or use of a trade secret, or there existed a confidential relationship, giving rise to a duty not disclose or use the trade secret such as an employer-employee relationship. The Trade Secret Protection is not available for information and only for information no generally known, which is common knowledge. Though some still rely solely on common law principles, every state recognizes some form of Trade Secret Protection. An attempt to make trade secret law more uniform across the states has resulted in the Uniform Trade Secret Act (UTSA) which has been adopted by a majority of the states.