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by jacques_chester 2524 days ago
Trade secrets are often legislative creatures too, especially in the US where it is within the authority of state legislatures to regulate.

In Commonwealth countries it typically arose from equity (through the doctrine of confidence) but has also been subject to tinkering. In Australia it's a mix of confidence and corporations law, the former from equity and the later from ยง51(xx).

It's not clear to me if a trade secret would be considered property under the just terms clause. I'm sure various law firms will make a mint advising Google, Facebook et al on that question.