Michigan Agreement Not to Disclose Trade Secrets
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FAQ
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.
Since trade secrets are not made public, unlike patents, they do not provide defensive protection, as being prior art.
Trade Secrets Act This statute, enacted in 1948, is actually of narrow applicability. It forbids federal government employees and government contractors from making an unauthorized disclosure of confidential government information, including trade secrets.
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.
NDAs generally will only be enforced if the enforcing party can show: (1) the existence of a trade secret or other confidential information; (2) that the trade secret or confidential information was acquired improperly or as a result of a confidential relationship; and (3) that there was actual or threatened
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.
Terms within the NDA should be reasonable. If the NDA terms are too broad, courts may refuse to enforce all of them.
In 1998, Michigan joined the majority of states that have adopted the Uni- form Trade Secrets Act (MUTSA), MCL 445.1901 et seq. Under MUTSA, a court can enjoin actual or threatened misappropriation of trade secrets, compel affirmative acts necessary to protect a trade secret, and award damages for misap- propriation.
Every state has a law prohibiting theft or disclosure of trade secrets. Most of these laws are derived from the Uniform Trade Secrets Act (UTSA), a model law drafted by legal scholars.
