intellectual property law · claim
Trade secret misappropriation occurs when someone unlawfully obtains or discloses information that provides a competitive advantage, and is not generally known or readily ascertainable. Such information must be subject to reasonable efforts to maintain its secrecy.
There must be a valid trade secret that qualifies for protection under the law.
What to prove: The information in question must be confidential, provide a business advantage, and be subject to reasonable secrecy measures.
The plaintiff must demonstrate that the defendant acquired the trade secret through improper means.
What to prove: This includes proving that the defendant used illicit methods such as theft, bribery, or breach of a duty of confidentiality.
The defendant must have used or disclosed the trade secret without authorization.
What to prove: Evidence must show that the defendant employed the trade secret in a way that caused harm to the trade secret owner.
The plaintiff bears the burden of proof, and the standard is 'preponderance of the evidence'.
Focus on distinguishing between lawful and unlawful means of acquiring trade secrets, and applying defenses effectively.