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Trade Secret Basics
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Trade Secret
A type of intellectual property that consists of a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers.
Economic Espionage Act (EEA)
A United States federal law enacted in 1996 making the theft or misappropriation of a trade secret a federal crime.
Misappropriation of Trade Secrets
Occurs when someone acquires the trade secret through improper means or discloses or uses a trade secret without permission from the owner.
Confidentiality Agreements (NDAs)
Legal contracts creating a confidential relationship between parties to protect any type of confidential information or trade secrets and to deter the spread of the information.
Trade Secret Protection Measures
Practical steps taken by a business to safeguard its trade secrets, like employee training, limiting access, and implementing IT security.
Reasonable Steps Requirement
A legal requirement for the protection of trade secrets, where the owner must take reasonable measures to keep the information secret.
Inevitable Disclosure Doctrine
A principle in trade secret law that allows a court to prevent an ex-employee from working for a competitor if the employment would inevitably lead to the disclosure of trade secrets.
Defend Trade Secrets Act (DTSA)
A 2016 United States federal law that allows an owner of a trade secret to sue in federal court when its trade secrets have been misappropriated.
Non-Compete Agreements
Contracts between an employee and an employer where the employee agrees not to enter into competition with the employer after the employment period is over.
Trade Secret Audits
A systematic evaluation of a company's trade secret management practices to assess the adequacy of trade secret protection measures and identify any vulnerabilities.
Reverse Engineering
The process of dismantling and inspecting a competitor’s product to determine its trade secrets, which is a lawful practice as long as the product was obtained legally and not covered by an agreement to refrain from such activities.
Economic Advantage
Benefits gained by businesses that possess and maintain trade secrets, enabling them to operate more effectively or to have exclusive market opportunities.
Improper Means
In relation to trade secrets, these are methods of acquiring trade secret information that are against the law or societal norms, such as theft, bribery, misrepresentation, or a breach of a duty to maintain secrecy.
Licensing of Trade Secrets
Occurs when the owner of a trade secret grants permission to another party to use the trade secret under specified conditions, usually in return for financial compensation.
Whistleblower Immunity
Under the Defend Trade Secrets Act, individuals who disclose a trade secret confidentially to a government official or an attorney solely for the purpose of reporting or investigating a suspected legal violation are immune from liability.
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