Trade secret misappropriation

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Trade secret misappropriation

So far, we've taken a lot of time to learn what a trade secret is. Our focus has been using trade secret law to protect your ideas from being taken, and also to ensure that, if your idea is patentable, you preserve your ability to file, prior to disclosing it. But, one of the biggest risks that most companies face is actually that they will be sued for trade secret misappropriation. Misappropriation means: The acquisition of a trade secret of another by a person who knows, or has reason to know, that the trade secret was acquired by improper means. Or, disclosure or use of a trade secret by another without express or implied consent by a person who: A. used improper means to acquire the knowledge of the trade secret, or, B. at the time of disclosure, or use, knew, or had reason to know, that his knowledge of the trade secret was derived from, or through, a person who had utilized improper means to acquire it.

Acquired under circumstances giving rise to a duty to maintain a secrecy or limit its use. Or, derived from, or through, a person.

Source: https://www.linkedin.com/learning/understanding-trade-secrets-a-deeper-dive/trade-secret-misappropriation