Version 1.0, August 31, 2001, Copyright, Hugh Jack 1993-2001

4.5 TRADE SECRETS

 

· A similar device to patents except there is no public disclosure, and it may include information, or other non-patentable things. Generally a trade secret permits a business advantage over the competition ("industrial know-how")

 

· If somebody is given a trade secret (and it is made clear that it is both valuable and confidential), then they expose the trade secret, they can be sued for damages.

 

· The legal factors to determine secrecy are,

  1. - similar knowledge outside the business
  2. - measures taken to guard the secret
  3. - the competitive value of the information
  4. - the development cost for the information

 

· Employers can restrain or sue former employees with regard to trade secrets. Although courts will be reluctant to prevent a former employee from earning a living.

 

· Corporations may also be liable for trade secrets if they are entrusted with them, and then disclose them.