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Re: oneinamillion post# 156342

Monday, 06/15/2009 7:18:44 PM

Monday, June 15, 2009 7:18:44 PM

Post# of 192592
I think this(video) may create a level of positive excitement,and then there is this>>>>>>When Do You Have a Trade Secret?

Most states have adopted some form of the Uniform Trade Secret Act (UTSA). The UTSA sought to provide some consistency in trade secret law that, until recently, was protected only by state laws. The Act defines a trade secret as:

"..information, including a formula, pattern,compilation, program, device, method, technique, or process that:

(a) 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

(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy."
When you have information that has economic value as a result of its secrecy and you use reasonable efforts to keep it secret, you have a trade secret. There is no registration of trade secrets.

There is now also federal protection of trade secrets under 18 USC 1832 that defines and protects trade secret use, copying and theft in similar fashion to the UTSA.

A good example of a trade secret is the recipe for Coca Cola.

What's Required to Have a Trade Secret?

In order to keep the trade secret status of information, you must keep it secret.

For example, if you wanted to maintain trade secret protection of the code for your website, you would have to program the pages so that the "view source" option would not allow Internet users to freely view the code.

Other steps to take would be using confidentiality agreements to maintain its secrecy in business deals and discussion, allowing only employees who must know the information to have access to it, and keeping the information in a secured environment.

What Do You Have When You Have a Trade Secret and Is There Any Risk?

Having a trade secret means that you have a legal cause of action for damages, or an injunction to stop the use, if another party steals, copies or uses your trade secret without your permission.

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