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Trade Secret Basics

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Trade Secret

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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.

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Economic Espionage Act (EEA)

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A United States federal law enacted in 1996 making the theft or misappropriation of a trade secret a federal crime.

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Misappropriation of Trade Secrets

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Occurs when someone acquires the trade secret through improper means or discloses or uses a trade secret without permission from the owner.

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Confidentiality Agreements (NDAs)

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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.

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Trade Secret Protection Measures

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Practical steps taken by a business to safeguard its trade secrets, like employee training, limiting access, and implementing IT security.

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Reasonable Steps Requirement

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A legal requirement for the protection of trade secrets, where the owner must take reasonable measures to keep the information secret.

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Inevitable Disclosure Doctrine

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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.

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Defend Trade Secrets Act (DTSA)

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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.

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Non-Compete Agreements

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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.

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Trade Secret Audits

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A systematic evaluation of a company's trade secret management practices to assess the adequacy of trade secret protection measures and identify any vulnerabilities.

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Reverse Engineering

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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.

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Economic Advantage

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Benefits gained by businesses that possess and maintain trade secrets, enabling them to operate more effectively or to have exclusive market opportunities.

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Improper Means

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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.

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Licensing of Trade Secrets

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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.

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Whistleblower Immunity

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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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