8/19/2023 0 Comments Theft of trade secrets definition![]() For liability to attach for trade secret theft, the owner of valuable commercial information must demonstrate that it was appropriated through a breach of contract, a violation of a confidence, the use of surreptitious surveillance, or other improper means. Similarly, merely because something has been classified as a trade secret does not make every public disclosure of it the theft of a trade secret. Information must rise to a sufficient level of originality, novelty, or utility before a court will recognize it as a commodity. Information that is common knowledge will never receive protection as a trade secret. At the same time, keeping information strictly confidential does not make it a trade secret unless the information is useful or valuable. ![]() Trade secrets may be revealed to agents, employees, and others ordinarily entrusted with such information, so long as it is understood that the information is confidential and disclosure is forbidden. Commercial privacy need only be protected from Espionage that can be reasonably anticipated and prevented. Whatever type of information is represented by a trade secret, a business must take reasonable steps to safeguard it from disclosure.Ībsolute secrecy is not required, however. ![]() Specifically, trade secrets include any useful formula, plan, pattern, process, program, tool, technique, mechanism, compound, or device that is not generally known or readily ascertainable by the public. ![]() In general terms trade secrets include inventions, ideas, or compilations of data that are used by a business to make itself more successful. Any valuable commercial information that provides a business with an advantage over competitors who do not have that information. ![]()
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