California Checklist for a Trade Secret Policy

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Multi-State
Control #:
US-CP0604AM
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Word; 
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This sample form, a detailed Checklist for a Trade Secret Policy document, is for use in the computer, internet and/or software industries. Adapt to fit your circumstances. Available in Word format.
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FAQ

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.

For example, information that is not generally known by the public but is known by different manufacturers in the same industry likely does not qualify as a trade secret. Material that is ascertainable through public sources generally does not derive independent economic value justifying trade secret protection.

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.

With that in mind, the following four elements must be present for a trade secret to exist: Information. There must be information to protect. ... Economic value (actual or potential). ... Not generally known. ... Treated as a secret.

Your company's trade secrets ? in paper or electronic format ? should be accompanied by a confidentiality notice. Each page should be stamped ?Confidential.? The notice should notify all parties that the document includes trade secrets and that access to the information is limited by your business.

"Trade secret" means any method, technique, process, formula, program, design, or other information that can be used in the course of production, sales, or operations that can also meet the following three requirements: (1) it is not known to persons generally involved in the information of this type; (2) it has actual ...

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.

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California Checklist for a Trade Secret Policy