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Below we discuss the three elements of a trade secret, listed above.(1) The information is secret.(2) The information confers a competitive advantage.(3) The information is subject to reasonable efforts to keep it secret.
Trade secrets are intellectual property (IP) rights on confidential information which may be sold or licensed. In general, to qualify as a trade secret, the information must be: commercially valuable because it is secret, be known only to a limited group of persons, and.
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.
Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and.
The Uniform Trades Secrets Act, 1970 also provides for the definition of trade secrets, which is as follows:- "Information, including a formula, pattern, compilation, program device, method, technique, or process, that: (i) derives independent economic value, actual or potential, from not being generally known to, and
Similarly, in the United States Economic Espionage Act of 1996, "A trade secret, as defined under 18 U.S.C. § 1839(3)(A),(B) (1996), has three parts: (1) information; (2) reasonable measures taken to protect the information; and (3) which derives independent economic value from not being publicly known."
In general, to constitute a trade secret under these various laws (which each have their own nuances), the information must (1) have economic value; (2) because it is not generally known; and (3) the owner has taken reasonable measures to keep the information a secret.
Trade Secrets Valuable or Potentially valuable. Because it is not known by other competitors. It would have value to the competitors if disclosed to them. Reasonable Efforts were made to keep it secret.
What qualifies as a trade secret?commercially valuable because it is secret,be known only to a limited group of persons, and.be subject to reasonable steps taken by the rightful holder of the information to keep it secret, including the use of confidentiality agreements for business partners and employees.
Examples of trade secrets include:KFC's secret blend of 11 herbs and spices.Coca-Cola's recipe for their signature drink.Google's search algorithm.McDonald's Big Mac special sauce.Secret client lists at any company.