Notes from 3/9/2011: Difference between revisions
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Kyle Tennant (talk | contribs) Created page with "In addition to patents, there are three other forms of IP in the US: *Copyright - Federal *Trademarks - Federal *Trade secrets - State Trade secrets: state law (1910) The term "..." |
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*Trade secrets - State | *Trade secrets - State | ||
Trade secrets: state law | Trade secrets: state law<br/> | ||
(1910) The term "trade secret" as it is usually understood means a secret formula or process not patented, known only to certain individuals who use it in... manufacturing some article of trade having commercial value. It is rarely, if ever, used to denote the mere privacy with which an ordinary commercial business is carried out. | (1910) The term "trade secret" as it is usually understood means a secret formula or process not patented, known only to certain individuals who use it in... manufacturing some article of trade having commercial value. It is rarely, if ever, used to denote the mere privacy with which an ordinary commercial business is carried out.<br/> | ||
What's the benefit of a trade secret?<br/> | |||
Property right: protection against unauthorized disclosure, and if it is disclosed, can receive monetary compensation. <br/> | |||
Falls under law of <b>torts</b><br/> | |||
One is liable when he or she uses or discloses a trade secret if: | |||
*it was discovered by improper means; | |||
*the disclosure or use is a breach of confidence; | |||
*a third party disclosed the information to the person and the third party was breaching his dutyl | |||
*he had notice it was a secret and the disclosure was a mistake. | |||
Revision as of 17:07, 9 March 2011
In addition to patents, there are three other forms of IP in the US:
- Copyright - Federal
- Trademarks - Federal
- Trade secrets - State
Trade secrets: state law
(1910) The term "trade secret" as it is usually understood means a secret formula or process not patented, known only to certain individuals who use it in... manufacturing some article of trade having commercial value. It is rarely, if ever, used to denote the mere privacy with which an ordinary commercial business is carried out.
What's the benefit of a trade secret?
Property right: protection against unauthorized disclosure, and if it is disclosed, can receive monetary compensation.
Falls under law of torts
One is liable when he or she uses or discloses a trade secret if:
- it was discovered by improper means;
- the disclosure or use is a breach of confidence;
- a third party disclosed the information to the person and the third party was breaching his dutyl
- he had notice it was a secret and the disclosure was a mistake.
