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BKFK Blog

Trade Secret Law

Your invention idea may be a protected trade secret.  A trade secret is any novel, original or unique idea, concept or information that has economic value because it is secret.  In other words, it's valuable because other people would have to expend time and money to develop the idea themselves.  If the information becomes generally known by the public or other people who could derive economic value from its use, it loses its trade secret status.  If someone else discovers the same information on his or her own, that person has not violated your rights.

Trade secrets are protected by state and federal law, though they're not registered like copyrights, trademarks or patents. A trade secret is protected for as long as it's kept secret.

As the owner of a trade secret, it is your responsibility to make reasonable efforts to maintain its secrecy.  The best way to do this is to keep it to yourself.  If you do decide to disclose the information to someone, you should tell them that the information is confidential and should not be shared with anyone else or used for any purpose without your consent.

If someone entrusts you with his or her trade secret, you should keep it just as secret as you would if it were yours.  This means you shouldn't use it yourself or share it with others without the trade secret owner's consent. If you receive a trade secret from someone who doesn't have the authority to disclose it to you, you should still treat it as secret and not disclose it or use it.

 

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