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A trade secret is anything with commercial value, ideas
included. Trade secrets are protected by keeping the information secret. This is accomplished usually by employment contract agreements, limiting access to the information to specified individuals in an organization, and retaining control of the information that is regarded as a trade secret. As mentioned earlier, anything of commercial value that is independently discovered or created is a trade secret. A good example of a well-kept trade secret is the formula for Coca Cola® (Coca Cola is a registered trademark of the Coca Cola Company). The only protection one has is the threat of damages for misappropriation of trade secrets. Trade secret law is based on State common law, State statutory law (Uniform Trade Secret Act) or both. If someone is able to reverse engineer your product or discovers it through his/her own independent discovery, you will have no recourse. Remember! Anything that can be easily reverse engineered should be patented. |
What is a trade
secret? |
How do I protect trade
secrets? |
How do I know when something is a trade secret? |
What are the limitations of trade secrets? |
Prevention is better than
cure. |
TM |
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