Massachusetts Trade Secret Policy Manual with Employees, Consultants, and Licensees
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FAQ
There are typically three essential elements to a trade secret claim:The subject matter involved must qualify for trade secret protection (see "Scope" below for more on this)The holder of the subject matter must establish that reasonable precautions were taken to prevent disclosure of the subject matter.More items...
What qualifies as a trade secret?commercially valuable because it is secret,be known only to a limited group of persons, and.be subject to reasonable steps taken by the rightful holder of the information to keep it secret, including the use of confidentiality agreements for business partners and employees.
As regards confidentiality, it was held that every customer list cannot qualify as confidential information or a trade secret unless the confidentiality around such a list is of economic value/business value/commercial value.
A trade secret: is information that has either actual or potential independent economic value by virtue of not being generally known, has value to others who cannot legitimately obtain the information, and. is subject to reasonable efforts to maintain its secrecy.
Anything that is easily and completely disclosed by the mere inspection of a product put on the market cannot be a trade secret.
The Uniform Trades Secrets Act, 1970 also provides for the definition of trade secrets, which is as follows:- "Information, including a formula, pattern, compilation, program device, method, technique, or process, that: (i) derives independent economic value, actual or potential, from not being generally known to, and
Your company's trade secrets in paper or electronic format should be accompanied by a confidentiality notice. Each page should be stamped Confidential. The notice should notify all parties that the document includes trade secrets and that access to the information is limited by your business.
Trade Secrets and Former Employees: Memorized Client Lists Can Still Be Protected as a Secret. The Supreme Court of Ohio has ruled that the use of a memorized client list by a former employee can constitute a trade secret violation.
To be legally considered a trade secret in the United States, a company must make a reasonable effort in concealing the information from the public; the secret must intrinsically have economic value, and the trade secret must contain information.