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The most common and most effective way to protect trade secrets is through use of nondisclosure agreements (NDAs). Courts have repeatedly reiterated that the use of nondisclosure agreements is the most important way to maintain the secrecy of confidential information.
Since trade secrets are not made public, unlike patents, they do not provide defensive protection, as being prior art.
The trade secret holder cannot be compelled to identify the alleged trade secrets until there is a confidential protective order in place. It is mandatory for a trial court to preserve the secrecy of an alleged trade secret.
Trade secret protection lasts for as long as the secret is kept confidential without any statutory limitations period. However, once a trade secret is made available to the public, trade secret protection ends.
Trade secrets may be disclosed during meetings between parties. Ideally, such disclosures are made under a confidential disclosure or nondisclosure agreement, and should always reveal only as much trade secret information as is required under the circumstances.
A trade secret can also be revealed legally, and you have no recourse in this case, even if it was not your intention to reveal it. Illegal disclosure may be made by people who: Used illegal means, such as theft or bribery, to obtain the information.
Contrary to patents, trade secrets are protected without registration, that is, trade secrets require no procedural formalities for their protection. A trade secret can be protected for an unlimited period of time, unless it is discovered or legally acquired by others and disclosed to the public.
A trade secret: is information that has either actual or potential independent economic value by virtue of not being generally known, has value to others who cannot legitimately obtain the information, and. is subject to reasonable efforts to maintain its secrecy.
Anything that is easily and completely disclosed by the mere inspection of a product put on the market cannot be a trade secret.
This is a relatively simple legal agreement between a company and a counter-party of that company to exchange information, for the purpose of a project, marketing campaign, R&D or sourcing, etc.