2. What makes something a trade secret?

As mentioned, a trade secret is any information that both benefits a business commercially and is kept a secret. More specifically, when deciding whether something qualifies as a trade secret, courts will typically consider the following factors:

  • the extent to which the information is known outside of the particular business entity

  • the extent to which the information is known by employees and others involved in the business

  • the extent to which measures have been taken to guard the secrecy of the information

  • the value of the information to the business, and

  • the difficulty with which the information could be properly acquired or independently duplicated by others.

    Related terms: competitive advantage; compilation of information as a trade secret; copyright and trade secret law compatibility; head start rule; in-house trade secrets; notice to employees of trade secret; novelty and trade secrets; parallel research; patent application, effect on trade secrets; physical devices, ability to maintain as trade secrets; read-only memories (ROMs) and trade secrets; reasonably precautionary measures to protect trade secrets; source code as trade secret; trade secret, defined; trade secret owner; Uniform Trade Secret Protection Act.

Patent Copyright & Trademark
Patent, Copyright & Trademark: An Intellectual Property Desk Reference
ISBN: 1413309208
EAN: 2147483647
Year: 2003
Pages: 152

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