North Carolina Trade Secrets License Agreement and Assignment between Licensor and Licensee
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FAQ
Historically, most know-how has been licensed in tandem with patents and on a non-exclusive basis; the university retains a non-exclusive right to utilize that know-how either for internal research purposes or for commercial utilization, Nag says.
How Do You Terminate a Trade Secret? Information can lose its protected status as trade secret if it becomes public knowledge. If the information is readily accessible to people who could commercially exploit it, it can no longer be claimed as a trade secret.
For example, information that is not generally known by the public but is known by different manufacturers in the same industry likely does not qualify as a trade secret. Material that is ascertainable through public sources generally does not derive independent economic value justifying trade secret protection.
A trade secret: is information that has either actual or potential independent economic value by virtue of not being generally known, has value to others who cannot legitimately obtain the information, and. is subject to reasonable efforts to maintain its secrecy.
"Trade secrets are defined by statute, but terms such as confidential and proprietary information are defined by the contract. Thus, a defendant may breach a contract for disclosing confidential information that does not constitute a trade secret." Albert's Organics, Inc. v.
The Act's definition of "trade secret" is similar to that of the Uniform Trade Secrets Act. The penalties for a violation of this statute include a potential prison term of 15 years and fines up to $5 million, depending on whether the defendant is an individual or a corporation.
Trade secret information can be protected through legal action including an injunction preventing breaches of confidentiality, monetary damages, and, in some instances, punitive damages and attorneys' fees too.
Trade secrets are property rights and can be assigned or licensed to other persons. The holder of trade secret has the right to authorize a third party to access and use the trade secret information.
A trade secret is something used in a company's business that (a) is not known or readily accessible by competitors, (b) has commercial value or that provides a competitive advantage in the marketplace, and (c) the owner of the information protects from disclosure through reasonable efforts to maintain its secrecy.
In the United States, trade secrets are defined and protected by the Economic Espionage Act of 1996 (outlined in Title 18, Part I, Chapter 90 of the U.S. Code) and also fall under state jurisdiction. As a result of a 1974 ruling, each state may adopt its own trade secret rules.
