trade secrets

Question 1

what TS are not (5)

Answer 1

1. publicly available information
2. common industry practices and general knowledge
3. easily discoverable or reverse engineerable information
4. employee general skills and knowledge
5. information a company fails to protect

Question 2

rules on TS

Answer 2

a piece of information which means all the following requirements:

1. secret (not generally accessible by a knowledgeable person in the industry)
2. has commercial value because it is secret
3. reasonable steps to keep it secret

Question 3

direct infringement

Answer 3

1. unauthorized access
2. any other conduct contrary to honest commercial practices
3. being in breach of confidentiality agreement or limits to the use of the TS (manufacturer that starts its own sale)

Question 4

indirect infringement

Answer 4

A trade secret is unlawfully acquired, used, or disclosed if it was
obtained from a person who was using or disclosing it unlawfully
and

the receiving person knew or ought to have known that the
trade secret was obtained—directly or indirectly—from
someone who was already using or disclosing it unlawfully

!!! IMPORTING, EXPORTING, OR STORING INFRINGING GOODS (WHICH SIGNIFICANTLY BENEFIT FROM TS ILLEGALLY ACQUIRED) ALSO APPLIES TO INDIRECT LIABILITY “KNEW OR OUGHT TO HAVE KNOWN”

Question 5

lawful acquisition, use, and disclosure of TS (4)

Answer 5

1. independent discovery
2. observation, study, or disassembly, and acquirer of the information who is free from any legally
   valid duty to limit (CONFIDENTIALITY) the acquisition of the trade secret!
3. exercise of the right of workers on trasnparency
4. any **honest commercial practice
   **
   ++++

ALLOWED BY EU OR NATIONAL LAW