Arkansas Checklist for Protecting Trade Secret Information

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Multi-State
Control #:
US-13049BG
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Description

A trade secret is a process, method, plan, formula or other information unique to a manufacturer, which has value due to the market advantage over competitors it produces.
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FAQ

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.

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.

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.

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.

Trade Secrets Valuable or Potentially valuable. Because it is not known by other competitors. It would have value to the competitors if disclosed to them. Reasonable Efforts were made to keep it secret.

To qualify as a trade secret, the information in question must meet two essential criteria. First, the information must attain its value from the fact that it is not generally known. Second, the owner of that information must take reasonable efforts to maintain its secrecy.

5 Steps You Can Take to Minimize RiskCreate Policies and Procedures to Protect Trade Secret Information.Restrict Access to Trade Secret and Confidential Information.Proactively Work with Information Technology and Human Resources Personnel.Be Cautious When Hiring Employees from Other Organizations.More items...?

How do you keep trade secrets secret?Non-disclosure or confidentiality agreements: When you disclose your business information to anyone, have them sign a non-disclosure agreement.Confidentiality clauses: Include confidentiality clauses in employment agreements.Encryption: Encrypt any valuable business information.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.

In general, to constitute a trade secret under these various laws (which each have their own nuances), the information must (1) have economic value; (2) because it is not generally known; and (3) the owner has taken reasonable measures to keep the information a secret.

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Arkansas Checklist for Protecting Trade Secret Information