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Intellectual Property

Discover the fundamentals of trade secrets law, including the Uniform Trade Secrets Act, sources of law, elements of a misappropriation claim, and theories guiding trade secret protection. Learn how to defend trade secrets and explore case examples of improper means. Get ready for your next assignment tomorrow!

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Intellectual Property

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  1. Intellectual Property Boston College Law School February 9, 2009 Trade Secret – Part 1

  2. Trade Secret • Sources of law • Uniform Trade Secrets Act • Restatement (Third) of Unfair Competition • Economic Espionage Act (Federal) • Elements of misappropriation claim • (1) Info must be a trade secret • (2) Reasonable steps to keep secret • (3) Misappropriation

  3. Trade Secret • Theories • Incentive Theory (Property) • Deterrence Theory (Tort) • Balance • Encourage incentive, deter bad behavior • Permit free circulation of info and labor

  4. Uniform Trade Secrets Act • §1. Definitions • (4) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: • (i) derives independent economic value … from not being generally known to, and not being readily ascertainable by proper means ..., and • (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy

  5. Trade Secret • Defeated by disclosure • (1) Publication (including patent) • (2) Sale of product where secret apparent • (3) Disclosure by third party • (4) Inadvertent disclosure • (5) Government-required disclosure

  6. Uniform Trade Secrets Act • §1. Definitions • (1) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means ….;

  7. Aerial Photography

  8. Examples: Improper Means • Improper Means? • Observing neighbor’s laptop on airplane • Striking up a conversation w/ employee (and making false statements about who you are) • Eavesdropping with long-distance microphone • Using a telescope to peer through windows • Going through a company’s trash in public dumpsters

  9. Administrative • Next Assignment – For Tomorrow • Finish III

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