North Carolina Complaint in Federal Court for Wrongful Disclosure and Use of Trade Secrets For Damages and Injunctive Relief
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How to fill out Complaint In Federal Court For Wrongful Disclosure And Use Of Trade Secrets For Damages And Injunctive Relief?
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FAQ
Trade secrets are protected by a combination of state and federal laws, which prescribe a combination of civil and criminal penalties for trade secret ?misappropriation??the improper acquisition, disclosure, or use of a trade secret.
The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection. What kind of information is protected by trade secrets?
C. Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use. "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.
(1)"Misappropriation" means acquisition, disclosure, or use of a trade secret of another without express or implied authority or consent, unless such trade secret was arrived at by independent development, reverse engineering, or was obtained from another person with a right to disclose the trade secret.
Misappropriation of a trade secret can happen through a breach of nondisclosure agreements, publication, theft, fraud, or bribery. There are a number of defenses to trade secret misappropriation. An alleged wrongdoer might argue that it independently developed the trade secret.
When a person obtains a trade secret improperly (such as by theft, bribery, or breach of a confidentiality agreement) or publishes it, knowing that someone else acquired it improperly, he or she has "misappropriated" the trade secret. This is the legal wrong against which trade secrets law protects.
Misappropriation occurs when a trade secret is improperly acquired or disclosed. If a person or entity discloses or publishes a trade secret while knowing it was improperly obtained, or by inducing someone to improperly obtain it, misappropriation exists.
A violation of trade secrets occurs when another obtains or exploits the secret information using unfair methods. Breaking into a competitor's plant or bribing employees would be obvious violations.