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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.
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.
The secret formula for Coca-Cola, which is locked in a vault, is an example of a trade secret that is a formula or recipe. Since it has not been patented, it has never been revealed. The New York Times Bestseller list is an example of a process trade secret.
"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 ...
Practical steps to implement a trade secret strategy Departing employees. An employee's departure is an important moment to safeguard the company's trade secrets. Require departing employees to return the company's confidential information and materials. ... Business partners. Competitive information gathering.
Trade secrets encompass both technical information, such as information concerning manufacturing processes, experimental research data, software algorithms and commercial information such as distribution methods, list of suppliers and clients, and advertising strategies.
Entering into non-disclosure agreements with employees, suppliers and partners, prohibiting the recipient from making unauthorized use or disclosure of confidential information; reviewing periodically which employees ?need to know? the trade secret information; and.
Below we outline some steps that employers can take proactively to help avoid harm from departing employees' retaining trade secrets. Educate Employees. ... Update Contracts Regularly. ... Restrict Access During Employment. ... Monitor for Misappropriation. ... Remove Access on Termination. ... Conduct Exit Interviews.