Illinois Complaint for Misappropriation of Software

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Multi-State
Control #:
US-CP1309-AM
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Word; 
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This sample form, a detailed Complaint of Misappropriation of Software 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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  • Preview Complaint for Misappropriation of Software
  • Preview Complaint for Misappropriation of Software
  • Preview Complaint for Misappropriation of Software

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FAQ

The Illinois Trade Secrets Act defines a trade secret as information that: Includes: ? technical or non-technical data; a formula; ? a pattern; ? a compilation; ? a program; ? a device; ? a method; ? a technique; ? a drawing; ? a process; ? financial data; or ? a list of actual or potential customers or suppliers.

The Uniform Trade Secrets Act ("UTSA") is a piece of legislation created by the Uniform Law Commission (ULC), a non-profit organization. The USTA defines trade secrets and describes claims related to trade secrets. To date, 47 states and the District of Columbia have adopted the UTSA.

An action for misappropriation must be brought within 5 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this Act, a continuing misappropriation constitutes a single claim.

The Illinois Trade Secrets Act (often referred to as ?ITSA?), 765 ILCS 1065/1 et seq., is a variation of the Uniform Trade Secrets Act. Dual public policies underlie trade secrets law: the maintenance of commercial morality and the encouragement of innovation and invention.

While the Illinois Trade Secret Act contains a five-year statute of limitations, and provides for the award of attorneys' fees in certain circumstances, we do not recommend ever waiting very long at all to enforce misappropriation claims, because doing so undermines the assertion that the information is secret, and ...

Under the Uniform Trade Secrets Act (?UTSA?), a trade secret is defined as information that derives independent economic value because it is not generally known or readily ascertainable, and it is the subject of efforts to maintain secrecy.

Trade secret misappropriation occurs when a trade secret has been wrongfully taken or disclosed without consent. A trade secret is defined as information (1) that derives independent economic value from not being generally known, and (2) which has been the subject of reasonable efforts to be kept a secret.

The Trade Secrets Act contains legal definitions of the terms 'trade secret', 'trade secret holder', 'infringer' and 'infringing goods'. Those terms were not previously legally defined. Following the TSD, acquisition of trade secrets through independent discovery and reverse engineering is legal.

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Illinois Complaint for Misappropriation of Software