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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. Trade secrets are a part of a company's intellectual property.
Unlike copyrights, patents, and trademarks, trade secrets are not registered with a government agency. However, in some cases, they can represent a company's most valuable intellectual property assets.
Answer. Absolute secrecy is not required.It must have actual or potential commercial value because it is secret.
What are the two main requirements for information to be protectable as a trade secret? It must be novel and non-obvious.
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.
You do not register with the government to secure your trade secret; you most simply keep the information under wraps. Trade secret protection lasts for as long as the secret is kept confidential without any statutory limitations period.
One of the great things about trade secrets is that there are no filing requirements or legal fees involved in obtaining trade secret rights. The only costs involved are the costs for the security steps required to keep the information secret.
The secret formula for Coca-Cola, which is locked in a vault, is an example of a trade secret that is a formula or recipe. Since it has not been patented, it has never been revealed. The New York Times Bestseller list is an example of a process trade secret.
All trade secrets are confidential information but business information that may not rise to the level of a trade secret may also be deemed confidential within the company.
There are no actual laws governing trade secret ownership, but trade secrets generally pertain to information held by a company rather than by an individual. So typically employers or hiring parties own trade secret information even if it is generated by an employee.