Massachusetts Checklist for a Trade Secret Policy

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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

Enter into non-disclosure agreements with potential partners, including customers and suppliers. This can be done with a simple agreement at the beginning of a relationship. Make sure to revisit these obligations in any agreements with a third party and update them as needed.

"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 ...

Six elements or factors have been proposed for use in determining whether information is a trade secret:** "(1) the extent to which the information is known outside of his business; (2) the extent to which it is known by employees and others involved in his business; (3) the extent of measures taken by him to guard the ...

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.

Massachusetts law defines a trade secret as "anything tangible or intangible or electronically kept or stored, which constitutes, represents, evidences or records a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention or improvement." Mass.

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.

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.

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.

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Massachusetts Checklist for a Trade Secret Policy