WHO NEEDS TO KNOW ABOUT TRADE SECRETS?

Any business that has developed or is in the process of developing a trade secret should take the time to see whether it can create the environment that will protect a trade secret.  It can be an asset of the company that, if maintained, can have perpetual value, unlike other forms of intellectual property such as copyrights and patents.  It can provide an edge in competitive markets that allows it to survive and prosper because other companies do not have the knowledge to create the trade secret independently and compete directly with it.

The same companies need to view trade secrets in the employee context to make sure procedures and guidelines are in effect to prevent the loss of the trade secret.  Courts look at what efforts are made to protect the secret.  Even where there has been a temporary or partial loss of that secret, judicial relief may prevent the loss from becoming complete.  

Law Offices of Douglas Clark Hollmann

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