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Topic: Trade secret


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  Trade secret - Wikipedia, the free encyclopedia
Where trade sectets are recognised, the creator of property regarded as a "trade secret" is entitled to regard such "special knowledge" as intellectual property.
Trade secrets are not protected by law in the same manner as trademarks or patents.
Instead, owners of trade secrets seek to keep their special knowledge out of the hands of competitors through a variety of civil and commercial means, not the least of which is the employment of non-disclosure agreements (NDA).
en.wikipedia.org /wiki/Trade_secret   (1391 words)

  
 Intellectual Property: The Trade Secret Secret
Trade secret protection entails, as one would expect, keeping technology secret; the technology is protected in the sense that, if the competition doesn't know about the technology, it can't copy it.
Trade secret rights offer no protection whatsoever against another company that independently develops the technology, and possibly obtains exclusive proprietary rights to it.
Basically, the customer is permitted to use the trade secret under a license agreement which expressly obligates the user not to disclose it and to take various precautions to ensure the trade secret status of the software is not jeopardized.
www.washingtontechnology.com /news/9_16/news/9515-1.html   (738 words)

  
 Trade Secret Law - IPWatchdog
A trade secret is any valuable business information that is not generally known and is subject to reasonable efforts to preserve confidentiality.
Generally speaking, a trade secret will be protected from exploitation by those who either obtain access through improper means, those who obtain the information from one who they know or should have known gained access through improper means, or those who breach a promise to keep the information confidential.
Upon application to the court an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
www.ipwatchdog.com /tradesecret.html   (545 words)

  
 Trade Secrets - Stites & Harbison, PLLC   (Site not responding. Last check: 2007-10-21)
Actions for misappropriation of trade secrets in Kentucky must be brought within three (3) years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered.
A trade secret "[d]erives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use." KRS 365.880(4)(a).
Unless a trade secret has been acquired under circumstances giving rise to a duty of confidence, a person who obtains the trade secret by proper means is free to use or disclose the information without liability.
www.iplawky.com /wcsb/trade.htm   (852 words)

  
 IRMI - Shhhhhhh…Don't Tell Anyone. It's a (Trade) Secret
A trade secret is a unique beast that is best described by comparing it to its more familiar cousin, the patent.
Another difference between patents and trade secrets is that the trade secret owner doesn't have to pay to have a patent application drafted and prosecuted by an attorney … ahem.
Trade secret doctrine is primarily dictated by state law.
www.irmi.com /Expert/Articles/2004/Warren11.aspx   (1270 words)

  
 Trade Secret   (Site not responding. Last check: 2007-10-21)
All you have to do to have a trade secret is have some secret thing or process (the secret part) you use in commerce (the trade part) and keep a secret from others outside your control.
Trade secrets are probably nearly as old as civilization where people sought to gain advantage over others by having some knowledge that they could use to get a useful result that others could not.
The exceptions where you can continue to use a "trade secret" that you had before someone else invented it and got a patent is when it's a business method or you have suitable documentation that shows you were using it in commerce for more than a year before they applied for their patent.
www.idearights.com /trdscrt.htm   (647 words)

  
 Trade Secret Practice
A trade secret may consist of any formula, pattern, device, or compilation of information which is used in one's business, and which gives the holder of the secret an opportunity to obtain an advantage over those who do not know or use it.
Trade secret law is usually governed by state legislatures although certain federal prohibitions regarding disclosure of trade secrets have been enacted.
Typically, wrongful disclosure of a trade secret occurs when someone with an express or an implied obligation to hold a trade secret in confidence deliberately or inadvertently discloses the secret to the public or a competitor of the secret owner.
www.dilworthbarrese.com /page12.html   (432 words)

  
 The MSDS HyperGlossary: Trade Secret
In the context of an MSDS, a trade secret and "secrecy" have a very rigorous definition as defined by OSHA in Appendix D to the Hazard Communication Standard, 29 CFR 1910.1200.
For non-emergencies, where OSHA believes that the chemical manufacturer, importer or employer will not be able to support the trade secret claim, the withholding of a specific chemical identity shall be cited as a violation.
If the trade secret provision of Paragraph (i) is invoked, the MSDS must specifically state that the identity is being withheld as a trade secret and information about the properties and effects of the hazardous chemical must still be disclosed.
www.ilpi.com /msds/ref/tradesecret.html   (762 words)

  
 Definition of "Trade Secret" (Mandatory) - 1910.1200 App D
A trade secret is a process or device for continuous use in the operations of the business.
Thus, if the secret consists of a device or process which is a novel invention, one who acquires the secret wrongfully is ordinarily enjoined from further use of it and is required to account for the profits derived from his past use.
If, on the other hand, the secret consists of mechanical improvements that a good mechanic can make without resort to the secret, the wrongdoer's liability may be limited to damages, and an injunction against future use of the improvements made with the aid of the secret may be inappropriate.
www.osha.gov /pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10103   (665 words)

  
 Articles - An Overview Of Massachusetts Trade Secret Law
Whether such information is truly a trade secret whose use by others can be limited or barred depends on a number of factors, including the nature of the information sought to be protected and the measures taken to preserve its confidentiality.
Although this statute provides for severe penalties for the theft of trade secrets, it does not appear to be widely used in comparison to the number of civil case involving allegations concerning misuse of trade secrets.
Injunctions are often sought in cases involving trade secrets and as, a practical matter, cases involving trade secrets are often effectively won or lost at the initial injunction hearing.
laredosmith.com /Articles/An_Overview_Of_Massachusetts_Trade_Secret_Law.htm   (2978 words)

  
 THE ECONOMIC ESPIONAGE ACT OF 1996: THE THEFT OF TRADE SECRETS IS NOW A FEDERAL CRIME
The conversion of a trade secret is defined broadly to cover every conceivable act of trade secret misappropriation including theft, appropriation without authorization, concealment, fraud artifice, deception, copying without authorization, duplication, sketches, drawings, photographs, downloads, uploads, alterations, destruction, photocopies, transmissions, deliveries, mail, communications, or other transfers or conveyances of such trade secrets without authorization.
The protection of trade secrets is now becoming increasingly important to the competitiveness of American industry and the economic strength of the United States.
Often times in civil litigation, it is difficult to determine whether the alleged trade secret constitutes the "general knowledge, skills or experience" of the former employee or the valid "trade secret" information of the former employee.
my.execpc.com /~mhallign/crime.html   (1775 words)

  
 Trade_Secrets.rtf
[4] A trade secret is not property in the usual sense--the sense it bears in the law of real and personal property or even in such areas of intellectual property law as copyright--because it is not something that the possessor has the exclusive right to use or enjoy.
In that situation, trade secret protection may well be cheaper than patent protection, and the difference may exceed the difference in benefits arising from the fact that patent protection is broader and lasts longer.
There is, of course, no public disclosure of a trade secret, so if we want to maximize disclosure (while preserving incentives to invent) it may seem that we should force the possessor of a trade secret to choose between patenting the invention and losing all legal protection of it.
www.daviddfriedman.com /Academic/Trade_Secrets/Trade_Secrets.html   (4336 words)

  
 Trade Secret Law
The reason for prescribing this provision is that at present, in civil cases, trade secrets are protected under the Law of Contract and it is a close question as to whether trade secrets are also protected under the Tort Law.
Use or disclosure of trade secrets by a person who obtained such secrets through a juristic act without being aware, and without having any appropriate reason to be aware, that such trade secrets acquired from the other party could constitute an infringement against another person.
Of significance is the Trade Secrets Committee’s power to compromise or settle disputes pertaining to trade secrets as requested by the parties concerned prior to the filing of action in the Court.
www.tillekeandgibbins.com /Publications/Newsletters/ip_development/trade_secrets.htm   (1672 words)

  
 Howstuffworks "What is a "trade secret," and how is it different from a patent or copyright?"
Trade secrets are very different from patents, copyrights and trademarks.
Trade secrets remain valid only as long as no one else has discovered the information independently, the information has not been made public (by employees or published literature) nor discovered by working backward from the original product/process or publicly observing the product/process.
Trade secrets are protected under many state laws, Federal statutes and some international laws.
www.howstuffworks.com /question625.htm   (457 words)

  
 Web Sites and Software as Trade Secrets
Instead trade secret protection is applied separately to graphics, source code, object code, algorithms, programs or other technical descriptions, data flow charts, logic flow charts, user manuals, data structures, and database contents.
Once a trade secret has been revealed, whether or not authorized or intentional or even proper, it is no longer protectable as a trade secret.
A trade secret remains good as long as it is not disclosed.
www.himels-computer-law.com /trdscrt.htm   (612 words)

  
 [No title]
The Uniform Trade Secrets Act is an effort to codify the common law with proper clarification of rights and remedies.
A trade secret, generally, would be exclusive knowledge, of economic value, which has been generated by the labors of a specific person or persons who have an interest in protecting its value.
The essence of trade secrets protection is that a person with a trade secret may have a remedy in equity and law, if the secret has been misappropriated.
www.nccusl.org /nccusl/uniformact_summaries/uniformacts-s-tutsa.asp   (286 words)

  
 Criminal Consequences of Trade Secret Misappropriation
The information is deemed a trade secret if: (1) the owner took reasonable measures to keep the information secret commensurate with the value of the trade secret; and (2) the information derives actual or potential independent economic value from not being made known to the public.
The legislative history of the EEA suggests that proof of the existence of a trade secret may be essential to the prosecution of an EEA violation.
Thus, while the EEA does address the nuances of trade secrets, unlike the traditional federal white collar crime offenses of mail or wire fraud, for a victim corporation it may not be a preferred remedy to a civil cause of action for injunctive relief and compensatory damages.
www.bc.edu /bc_org/avp/law/st_org/iptf/articles/content/1999052501.html   (8258 words)

  
 FindLaw Professionals: Patent, Trademark, and Trade Secret Law   (Site not responding. Last check: 2007-10-21)
A trade secret is information of any sort that is valuable to its owner, not generally known, and that has been kept secret by the owner.
Trade secret protection attaches automatically when information of value to the owner is kept secret by the owner.
Trade secret protection endures so long as the requirements for protection - generally, value to the owner and secrecy - continue to be met.
profs.lp.findlaw.com /patents/patents_3.html   (676 words)

  
 Marketing Today - Trade Secret Law
As a general rule, information that has commercial value and that has been scrupulously kept confidential will be considered a trade secret; the owner of the information will be entitled to court relief against those who have stolen or divulged it in violation of a duty of trust or a written nondisclosure agreement.
Information that qualifies as a trade secret is subject to legal protection (against theft and misappropriation) as a form of valuable property--but only if the owner has taken the necessary steps to preserve its secrecy.
Most trade secret sales occur as part of the sale of the business owning the trade secret, but that is not mandatory.
www.marketingtoday.com /legal/tradesec.htm   (1315 words)

  
 Injunctions in trade secret actions   (Site not responding. Last check: 2007-10-21)
In many cases, it is reflexively determined that theft of a trade secret automatically inflicts irreparable harm because the core worth of a trade secret is its secrecy.
To the extent that the misappropriator has made no use of further disclosure of the secret, the damage is virtually impossible to quantify and in such a situation, the trade secret owner's lack of control over future use and disclosure makes up a large part of the injury.
Following the trial court's grant of a perpetual injunction against the defendant's further disclosure or use of a trade secret, a third party fully disclosed the trade secret in a patent and the defendant sought a vacation of the injunction on the ground that the trade secret was now in the public domain.
www.wptn.com /ts_002_jun01.htm   (1446 words)

  
 Definition of Trade Secret   (Site not responding. Last check: 2007-10-21)
A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it.
A trade secret may be a device or process which is patentable; but it need not be that.
The nature of the secret is, however, an important factor in determining the kind of relief that is appropriate against one who acquires the secret wrongfully is ordinarily enjoined from further use of it and is required to account for the profits derived from his past use.
www.csupomona.edu /~ehs/hazcom/d5194.htm   (614 words)

  
 Faegre & Benson LLP: An Overview of Trade Secret Protection
The origins of trade secret doctrine date all the way back to a Massachusetts Supreme Judicial Court decision in 1868, and while numerous courts (including federal courts) have weighed in on specific aspects of trade secret law ever since, no federal civil legislation has ever tackled trade secrets directly.
When properly identified and secured, trade secrets can often be the most powerful of the various forms of intellectual property protection, given the indefinite lifespan they can offer.
Trade secret owners can also obtain swift and dramatic relief in court if they act quickly and have taken care along the way to document and follow their trade secret protection plan.
www.faegre.com /articles/article_1745.aspx   (1498 words)

  
 Florida Trade Secret Law Firm - Trade Secret Overview
A trade secret is commonly defined as any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it.
Unlike many of the other forms of intellectual property protection, trade secrets are generally protected by state law, not federal law.
A trade secret holder is only protected from unauthorized disclosure and use of the trade secret by others and from another person obtaining the trade secret by some improper means.
www.saccoip.com /floridalawyer/tradesecret   (323 words)

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