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Intellectual Property

Intellectual Property. Boston College Law School February 5, 2007 Trade Secret – Part 1. 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

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Intellectual Property

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  1. Intellectual Property Boston College Law School February 5, 2007 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. Administrative • Next Assignment • Read through III.C.3 – Reverse Engineering

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