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Definition Of Trade Secret Under Texas Law In Bexar
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Bexar
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US-000289
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Texas courts have largely adopted the definition of trade secret from Section 757 of the Restatement of Torts: "A trade secret consists of a formula, process, device, or compilation which one uses in his business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it." The ...
The Restatement of Torts defines a trade secret as business information that provides a competitive advantage to those who are not aware of it or not using it. Examples include chemical compounds, customer lists, manufacturing processes, formulas, and patterns.
Trade secrets are protected by a combination of state and federal laws, which prescribe a combination of civil and criminal penalties for trade secret “misappropriation”—the improper acquisition, disclosure, or use of a trade secret.
In general, a trade secret has three parts: (1) information (2) economic value from not being generally known by others, and (3) reasonable efforts have been taken to protect the trade secret.
Information can only constitute a trade secret if it has commercial value, which usually brings some competitive advantage to its holder. This advantage must derive from the “secrecy” of the information and not from other reasons, such as quality, completeness or relevance of the information.
'"Trade Secret" means information which meets all of the. following requirements: (a) is secret in the sense that it is not, as a body or in the. precise configuration and assembly of its components, generally known among or readily accessible to persons.
Trade secrets encompass both technical information, such as information concerning manufacturing processes, pharmaceutical test data, designs and drawings of computer programs, and commercial information, such as distribution methods, list of suppliers and clients, and advertising strategies.
One type of trade secret that companies can protect is recipes. Companies from KFC to McDonald's to Heinz ketchup have closely guarded recipes for their beloved foods and sauces.
Elements of a Trade Secret Claim The holder of the subject matter must establish that reasonable precautions were taken to prevent disclosure of the subject matter. The trade secret holder must prove that the information was misappropriated or wrongfully taken.
