From the course: Understanding Intellectual Property (2014)

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Trade secret infringement

Trade secret infringement

From the course: Understanding Intellectual Property (2014)

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Trade secret infringement

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So, what does a trade secret get you? You claim you have a trade secret and what does that get you? It gets you the right to sue somebody for breach. Misappropriation of trade secrets is what we call it. Well, what do you need to do in order sue somebody for misappropriation of trade secrets? Well, for starters, you have to show that it was a trade secret. It was secret. It had value. And you took reasonable measures to protect its secrecy. If you can prove that, that's the first part. Second part is misappropriation. That requires a disclosure, and it requires a breach of some duty someone had not to disclose. Let's say that somebody discloses what you believe is trade secret information, but they have no duty not to disclose it. You're not going to be able to stop them in most cases. And if you are, you're probably not going to get any damages from them, because they have no duty to not disclose it. So, you need to. Have some ways disclosed in breach of their duty to not disclose…

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