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Misappropriation occurs when a trade secret is improperly acquired or disclosed. If a person or entity discloses or publishes a trade secret while knowing it was improperly obtained, or by inducing someone to improperly obtain it, misappropriation exists.
When a person obtains a trade secret improperly (such as by theft, bribery, or breach of a confidentiality agreement) or publishes it, knowing that someone else acquired it improperly, he or she has "misappropriated" the trade secret. This is the legal wrong against which trade secrets law protects.
C. Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use. "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.
Misappropriation of a trade secret can happen through a breach of nondisclosure agreements, publication, theft, fraud, or bribery. There are a number of defenses to trade secret misappropriation. An alleged wrongdoer might argue that it independently developed the trade secret.
The Florida Uniform Trade Secrets Act (FUTSA) provides multiple ways that a victim of trade secret misappropriation may use in calculating its damages. Damages for a FUTSA violation ?can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation.? Advantor Sys.
In Florida, misappropriating trade secrets is a civil offense when someone uses or discloses another person's trade secrets without authorization. In addition, Florida's Uniform Trade Secrets Act (UTSA) provides legal protection for trade secrets.
The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection. What kind of information is protected by trade secrets?
A violation of trade secrets occurs when another obtains or exploits the secret information using unfair methods. Breaking into a competitor's plant or bribing employees would be obvious violations.