Analysis of information sources in references of the Wikipedia article "Trade secret" in English language version.
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If a person or entity discloses or publishes a trade secret while knowing it was improperly obtained, or by inducing someone to improperly obtain it, misappropriation exists.
There are three main avenues for establishing misappropriation of a trade secret: unauthorized acquisition, unauthorized disclosure, or unauthorized use of the trade secret.
All three elements are required; if any element ceases to exist, then the trade secret will also cease to exist. Otherwise there is no limit on the amount of time a trade secret is protected.
No registration is necessary to obtain trade secret protection. As long as the information qualifies as a trade secret, it is protected indefinitely.
Trade secret law, like other forms of IP, is governed by national legal systems. However, international standards for protecting secrets (called "undisclosed information") were established as part of the TRIPS Agreement in 1995. Article 39 of the agreement provides that member states shall protect "undisclosed information" against unauthorized use "in a manner contrary to honest commercial practices" (this includes breach of contract, breach of confidence and unfair competition). The information must not be generally known or readily accessible, must have value because it is secret, and must be the subject of "reasonable steps" to keep it secret.
If a person or entity discloses or publishes a trade secret while knowing it was improperly obtained, or by inducing someone to improperly obtain it, misappropriation exists.
When trade secret information is used without authorization of the trade secret holders, this is called 'misappropriation' and those who carry out the misappropriation are called 'misappropriators'... The basic idea of prohibiting others from securing unfair commercial advantage by acquiring, using or disclosing trade secrets of another person in a wrongful manner is expressed in national laws in different ways. However, in essence, when the acquisition, disclosure or use of the information covered by the trade secret protection occurs by unlawful, improper, dishonest or unfair means, it is generally deemed to be misappropriation.
No registration is necessary to obtain trade secret protection. As long as the information qualifies as a trade secret, it is protected indefinitely.
In addition, since confidentiality agreements (or clauses) and non-disclosure agreements (NDAs) are usually effective measures to maintain trade secret information in secrecy, contract law is also relevant to trade secret protection.
In general, trade secrets are confidential information, which is: not generally known among, or accessible to, the persons in the relevant business sector ("secrecy")[,] commercially valuable because it is secret, and subject to reasonable steps taken by the rightful holder of the information to keep it secret, such as the use of confidentiality agreements for business partners.
It is important to begin by clarifying terminology. Although "trade secrets" and "confidential information" are often used interchangeably in business, strictly speaking the former is a subset of the latter. In general, "confidential information" refers to information that is not publicly known and is kept confidential by its holder. Thus, it extends to information that is personal to an individual. Confidential information will qualify as a trade secret only if it meets the requirements under the applicable national law of each country (many of which may be based on Article 39 of the TRIPS Agreement). In general, a trade secret refers to any confidential information which provides an economic benefit to the trade secret holder because that information is generally unknown to competitors, and the holder made efforts to keep the information secret. Trade secrets can be found in the most unexpected of places in your business.
Trade secret law, like other forms of IP, is governed by national legal systems. However, international standards for protecting secrets (called "undisclosed information") were established as part of the TRIPS Agreement in 1995. Article 39 of the agreement provides that member states shall protect "undisclosed information" against unauthorized use "in a manner contrary to honest commercial practices" (this includes breach of contract, breach of confidence and unfair competition). The information must not be generally known or readily accessible, must have value because it is secret, and must be the subject of "reasonable steps" to keep it secret.
When trade secret information is used without authorization of the trade secret holders, this is called 'misappropriation' and those who carry out the misappropriation are called 'misappropriators'... The basic idea of prohibiting others from securing unfair commercial advantage by acquiring, using or disclosing trade secrets of another person in a wrongful manner is expressed in national laws in different ways. However, in essence, when the acquisition, disclosure or use of the information covered by the trade secret protection occurs by unlawful, improper, dishonest or unfair means, it is generally deemed to be misappropriation.