Join Dana Robinson for an in-depth discussion in this video Defenses and remedies to trade secret infringement, part of Intellectual Property Fundamentals.
…So let's say you get sued for misappropriation of trade secrets.…What are the defenses to that?…Well, there's the defense that you didn't disclose it, of course.…There's the defense that you reverse engineered.…You didn't actually get the information inappropriately.…You took something that you could get in the market and you reverse…engineered software or hardware or some other…information without breaching a duty of confidentiality.…You can prove that you learned the information…from someone who didn't have the duty of confidentiality.…
So even if you have a duty under a non-disclosure agreement…to keep something secret, if you find that the information is…publicly disclosed, someone who has no duty has disclosed that information,…you are relieved of your obligations of confidentiality, in most cases.…The idea is that it's no longer a trade secret if, even though you had…an obligation in the first instance to…maintain the secrecy, someone else no longer does.…It loses its status as a trade secret and…therefore, it's a defense to your disclosure as well.…
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DISCLAIMER: This course is taught by an attorney and addresses US law concepts that may not apply in all countries. Neither LInkedIn nor the attorney teaching the course represents you and they are not giving legal advice. The information conveyed through this course is akin to a college or law school course; it is not intended to give legal advice, but instead to communicate basic information to help viewers understand the basics of intellectual property.
- What is intellectual property?
- What is a copyright?
- How long do copyrights last?
- Trademarking your brand
- Trademark infringement
- Patenting your ideas
- Defending trade secrets<br><br>
- The PMI Registered Education Provider logo is a registered mark of the Project Management Institute, Inc.
Skill Level Appropriate for all
4. Trade Secrets
5. Rights of Publicity
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