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INTRODUCTION TO INTELLECTUAL PROPERTY

INTRODUCTION TO INTELLECTUAL PROPERTY. CLASS 4 September 8 2003 Trade Secrets II. QUIZ 1 (Trade Secrets). Will be handed out on next Monday (Sept. 15) Open book Please type Exam numbers – Academic dean’s office . Elements of Trade Secret Claim.

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INTRODUCTION TO INTELLECTUAL PROPERTY

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  1. INTRODUCTION TO INTELLECTUAL PROPERTY CLASS 4 September 8 2003 Trade Secrets II

  2. QUIZ 1 (Trade Secrets) • Will be handed out on next Monday (Sept. 15) • Open book • Please type • Exam numbers – Academic dean’s office

  3. Elements of Trade Secret Claim • 1. Subject matter must qualify for trade secrets protection (last class) • 2. Reasonable efforts to protect secrecy • 3. Misappropriation

  4. Reasonable Efforts to Maintain Secrecy • UTSA § 1(4)(2) – CB p. 30 • Restatement of Torts – factors (CB p. 38) • BUT see Restatement of Unfair Competition § 39 (CB p. 47)

  5. Relevant Factors in determining reasonableness of efforts to keep secret • Value of information • Care taken when disclosing information to others who need to know it • Limits on disclosure of information • Means taken to maintain confidentiality when disclosure is made • Physical limitations on access

  6. Relevant Factors in determining reasonableness of efforts to keep secret • Keeping track of copies of information and records of those with access? • Notice to employees and others of restrictions on information • Industry standard and ethics • Whether an overall security program is in place • Costs of security measures

  7. Why Does Law Require Reasonable Efforts to Maintain Secrecy?

  8. Why Does Law Require Reasonable Efforts to Maintain Secrecy? • FAIRNESS THEORY – evidence of wrongful act • PROPERTY THEORY – evidence of value of secret

  9. PUBLIC DISCLOSURE CAN DESTROY SECRECY

  10. PUBLIC DISCLOSURE CAN DESTROY SECRECY • Publication of issued patent/patent application • Publication • Disclosure by third party • Sale of commercial product • Accidental disclosure • Government requirement of disclosure (taking)

  11. MISAPPROPRIATION • 2 kinds • 1. Disclosure by improper means • 2. Disclosure that amounts to a breach of confidence • SEE: Restatement of Torts § 757, UTSA § 1(2), Restatement (Third) of Unfair Competition § 40.

  12. Reverse Engineering • Why is this improper means?

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