Trade Secret

Question 1

Two Parts of Trade Secret Definition

Answer 1

i) economic value from not being known, not readily accessible by proper means
ii) reasonable efforts under the circumstances to keep us secrecy

Question 2

Two Parts of Trade Secret Misappropriation

Answer 2

i) acquisition by person who knows/has reason to know it was acquired by improper means
ii) disclosure or use of another’s trade secret without consent by person who
A) acquired improperly
B) know/ had reason to know
I) derived from improper means
II) derived from circumstances giving rise to duty to maintain secrecy
III) derived from person who owed duty to keep secret
C) knew/has reason to know it was a trade secret and knowledge was acquired by accident/mistake

Question 3

Is reverse engineering or independent derivation considered improper means for trade secret?

Answer 3

No

Question 4

Is personal knowledge/experience gained by employee through employment a trade secret?

Answer 4

Generally no