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Below we discuss the three elements of a trade secret, listed above.(1) The information is secret.(2) The information confers a competitive advantage.(3) The information is subject to reasonable efforts to keep it secret.
Trade secrets are secret practices and processes that give a company a competitive advantage over its competitors. Trade secrets may differ across jurisdictions but have three common traits: not being public, offering some economic benefit, and being actively protected.
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.
Anything that is easily and completely disclosed by the mere inspection of a product put on the market cannot be a trade secret.
Examples of trade secrets include:KFC's secret blend of 11 herbs and spices.Coca-Cola's recipe for their signature drink.Google's search algorithm.McDonald's Big Mac special sauce.Secret client lists at any company.
Develop policies and systems to protect trade secretsKeep an updated inventory of your trade secrets and other intellectual property.Store trade secrets securely, locking up tangible information and providing appropriate protection for computer-based systems.Limit access to trade secrets on a need to know basis.More items...
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.
Answer. Absolute secrecy is not required.It must have actual or potential commercial value because it is secret.
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.