Pennsylvania Consolidated Statutes
12 Pa. Cons. Stat. § 5308 (2026)
Effect on other law.
✓ current as of May 2026
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§ 5308. Effect on other law.
(a) General rule.--Except as provided in subsection (b), this chapter displaces conflicting tort, restitutionary and other law of this Commonwealth providing civil remedies for misappropriation of a trade secret.
(b) Exceptions.--This chapter does not affect:
(1) contractual remedies, whether or not based upon misappropriation of a trade secret;
(2) other civil remedies that are not based upon misappropriation of a trade secret; or
(3) criminal remedies, whether or not based upon misappropriation of a trade secret.
Notes of Decisions
Cited in 11
cases (2 in the last 5 years), 2006–2025 · leading case: Allied Env't Serv., Inc. v. Roth, K., 222 A.3d 422 (Pa. Super. Ct. 2019).
Allied Env't Serv., Inc. v. Roth, K., 222 A.3d 422 (Pa. Super. Ct. 2019). “§ 5308(b)(1); see also “UNIFORM LAW COMMENT,” 12 Pa.C.S. § 5308 (“The enforceability of covenants not to disclose trade secrets and covenants not to compete that are intended to protect trade secrets, for example, is governed by other law.”
Bro-Tech Corp. v. Thermax, Inc., 651 F. Supp. 2d 378 (E.D. Pa. 2009). “Defendants’ Motions are otherwise denied, such that the following Counts and/or claims remain in issue: Count I (Misappropriation of Trade Secrets in Violation of 12 Pa. Cons.Stat. Ann. §§ 5308 et seq.) as against all Defendants; Count III (Common Law Unfair Competition) as…”
Parsons v. Pennsylvania Higher Educ. Assistance Agency, 910 A.2d 177 (Pa. Commw. Ct. 2006). “PHEAA did assert (without providing examples at the hearing) that the statement of purpose on a voucher might include secret information such as a purpose to talk to a lender about a new line of business or technology, although any such statements could be redacted under Section…”
Synthes, Inc. v. Emerge Med., Inc., 25 F. Supp. 3d 617 (E.D. Pa. 2014). “” 12 Pa. Cons.Stat. § 5308(a)-(b). Under PUTSA, a person has misappropriated a trade secret “when he acquires knowledge of another’s trade secret in circumstances giving rise to a duty to main *705 tain its confidentiality and then discloses or uses that trade secret without the…”
Alpha Pro Tech, Inc. v. VWR Int'l LLC, 984 F. Supp. 2d 425 (E.D. Pa. 2013). “2009); see 12 Pa. Cons. Stat. Ann. § 5308 (“[T]his chapter displaces conflicting tort, restitutionary and other law of this Commonwealth providing civil remedies for misappropriation of a trade secret.”
Advanced Fluid Sys., Inc. v. Huber, 28 F. Supp. 3d 306 (M.D. Penn. 2014). “” 12 Pa. Cons.Stat. § 5308(a). The Act excepts only three categories of claims from the scope of its preemption power: contractual and criminal remedies, “whether or not based upon misappropriation of a trade secret,” and other civil remedies “not based upon misappropriation of…”
WMI Grp., Inc. v. Fox, C., 109 A.3d 740 (Pa. Super. Ct. 2015). “§§ 5301-5308, which “displaces conflicting tort, restitutionary and other law of this Commonwealth providing civil remedies for misappropriation of a trade secret” 12 Pa.C.S. § 5308. 8 . Appellants did not file anything under seal with the trial court or this Court.”
Nova Design Tech., Ltd. v. Walters, 875 F. Supp. 2d 458 (E.D. Pa. 2012). “12 Pa. Cons.Stat. § 5308. Nova argues that the PUTSA does not apply, or that if it does, its conversion action is not preempted by it.”
Revzip, LLC v. Mcdonnell (W.D. Pa. 2023). “” 12 Pa. Cons. Stat. Ann. § 5308(a)— (b). Therefore, unless a claim falls within one of these exceptions, it is preempted by PUTSA to the extent it is based on the same conduct that constitutes a misappropriation of trade secrets.”
Am. Inst. for Chartered Prop. Cas. v. Sydney Posner (3rd Cir. 2025). “” 12 Pa. Cons. Stat. § 5308 (a)–(b). Because American Institute’s unfair competition claim rests on the allegation that Posner was “[d]ownloading, exporting, copying and/or removing highly confidential trade secret and other proprietary information”—i.”
Softmart Com. v. Mariani, J. (Pa. Super. Ct. 2015). “See also 12 Pa.C.S. § 5308 cmt. 4 Appellee also moved for counsel fees and costs, averring fourteen timekeepers, over 1,300 billable hours, and a noteworthy almost half-million dollars in fees were required to obtain preliminary injunctive relief.”
— 12 Pa. Cons. Stat. § 5308(a) — 4 cases
Synthes, Inc. v. Emerge Med., Inc., 25 F. Supp. 3d 617 (E.D. Pa. 2014). “” 12 Pa. Cons.Stat. § 5308(a)-(b). Under PUTSA, a person has misappropriated a trade secret “when he acquires knowledge of another’s trade secret in circumstances giving rise to a duty to main *705 tain its confidentiality and then discloses or uses that trade secret without the…”
Allied Env't Serv., Inc. v. Roth, K., 222 A.3d 422 (Pa. Super. Ct. 2019). “§ 5308(b)(1); see also “UNIFORM LAW COMMENT,” 12 Pa.C.S. § 5308 (“The enforceability of covenants not to disclose trade secrets and covenants not to compete that are intended to protect trade secrets, for example, is governed by other law.”
Advanced Fluid Sys., Inc. v. Huber, 28 F. Supp. 3d 306 (M.D. Penn. 2014). “” 12 Pa. Cons.Stat. § 5308(a). The Act excepts only three categories of claims from the scope of its preemption power: contractual and criminal remedies, “whether or not based upon misappropriation of a trade secret,” and other civil remedies “not based upon misappropriation of…”
Revzip, LLC v. Mcdonnell (W.D. Pa. 2023). “” 12 Pa. Cons. Stat. Ann. § 5308(a)— (b). Therefore, unless a claim falls within one of these exceptions, it is preempted by PUTSA to the extent it is based on the same conduct that constitutes a misappropriation of trade secrets.”
— 12 Pa. Cons. Stat. § 5308(b)(1) — 2 cases
Allied Env't Serv., Inc. v. Roth, K., 222 A.3d 422 (Pa. Super. Ct. 2019). “§ 5308(b)(1); see also “UNIFORM LAW COMMENT,” 12 Pa.C.S. § 5308 (“The enforceability of covenants not to disclose trade secrets and covenants not to compete that are intended to protect trade secrets, for example, is governed by other law.”
Revzip, LLC v. Mcdonnell (W.D. Pa. 2023). “” 12 Pa. Cons. Stat. Ann. § 5308(a)— (b). Therefore, unless a claim falls within one of these exceptions, it is preempted by PUTSA to the extent it is based on the same conduct that constitutes a misappropriation of trade secrets.”
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