Trade Secret

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General Requirements for a Trade Secret Claim

  • The trade secret must be in the subject matter that qualifies for protection (trend is to allow all valuable information that adds economic value)
  • The trade secret must not be generally known to all
  • The entity protecting the secret must have taken reasonable precautions to protect the secret
  • The trade secret must have been misappropriated

Other Factors Courts Have Used to Determine Existence of Trade Secret

  • Strict novelty is not required but competitors in industry have to not know about it
  • Straight forwardness of secret

Factors Used by Restatement of Torts

The factors required for a trade secret according to the restatement of torts can be found here: trade secret

Uniform Trade Secret Act

Many states have adopted this act. For more information see here.

Case Law