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Misappropriation of a trade secret includes industrial or commercial espionage, breach of contract and breach of confidence, electronic surveillance, trespass, bribery, and fraud. It does not include "reverse engineering", where a company purchases a product and finds out how it works by laboratory analysis.
Independently developing information from one's own pool of knowledge or the public domain is a complete defense to a company's claim of trade secret misappropriation. You will need to use your own files and records to prove that you completed development before any dates on which the alleged misappropriation occurred.
A prima facie claim for misappropriation of trade secrets requires the plaintiff to demonstrate: (1) the plaintiff owned a trade secret; (2) the defendant acquired, disclosed, or used the plaintiff's trade secret through improper means; and (3) the defendant's actions damaged the plaintiff. (Cal.
The following tips are for small businesses that wish to protect their trade secrets: Identify What Needs Trade Secret Protection. ... Label Documents That Contain Protected Information. ... Monitor Information Storage. ... Secure Computers. ... Maintain Secrecy With Outside Vendors. ... Provide Adequate Security.
Punitive damages of up to twice the amount of actual loss may be available if the trade secret was willfully and maliciously appropriated. The decision of whether to seek enforcement of your trade secret rights in federal or state court depends on a number of factors.
secret defendant's best strategy is to show it only used its own or public information. Independent development is a complete defense to misappropriation because it destroys the plaintiff's third required showing.
376, enacted , codified at 18 U.S.C. § 1836, et seq.) is a United States federal law that allows an owner of a trade secret to sue in federal court when its trade secrets have been misappropriated. The act was signed into law by President Barack Obama on .
Breaches of non-disclosure agreements, industrial espionage, theft, fraud, and bribery are all improper means of acquiring a trade secret. For example, if you hack into a company's computer and copy the files, this act of acquiring the secrets improperly is misappropriation.