Kentucky 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

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.

Elements of a Trade Secret Claim 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.

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.

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.

To prove a trade secret misappropriation claim, the plaintiff must establish the following elements: The plaintiff has some valuable business information that was kept secret. The plaintiff made reasonable efforts to maintain its secrecy. The information isn't generally known.

Maintaining secrecy of the information, in the context of trade secrets, implies at least minimal novelty. Information cannot qualify for trade secret protection if it is generally known to others in the same field.

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.

Kentucky law protects such so-called ?trade secrets? from misappropriation, or theft, by others. All types of technical, financial, and business information (including client lists, formulas, techniques, methods, patterns, programs or processes) may be the subject of trade secret protection.

It must have commercial value because it is secret; and. It must have been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret.

Companies should take at least the following steps to protect confidential and trade secret information: Establish appropriate policies relating to confidential information and intellectual property. ... Limit disclosure to those who need to know. ... Label documents. ... Establish appropriate security measures.

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Kentucky Checklist for a Trade Secret Policy