What is an infringement of trade secret law?

Trade secret law protects commercially valuable information that companies do not wish to make public. An infringement of trade secret law is when someone improperly obtains, uses, or discloses a trade secret. This information can be confidential business information such as client lists, financial information, manufacturing processes, formulas, recipes, and more. In Mississippi, the Mississippi Trade Secrets Act defines trade secrets and makes it a crime to disclose the trade secret of another with the intent to benefit oneself. A person who is found guilty of trade secret infringement may be liable for damages and an injunction to stop the continued use or disclosure of the trade secret. The penalties are severe, so it is important to understand what constitutes an infringement of trade secret law. In order for a trade secret to be protected, it must be shown that the information is valuable because it is kept secret. It must also be demonstrated that the owner of the trade secret took reasonable steps to keep the information confidential. In addition, companies must be able to take action when the trade secret is revealed or stolen. To be liable for trade secret infringement, a person must have obtained the trade secret illegally or without permission. The person must also have known or should have known that the trade secret was confidential. Even if the person was unaware or did not believe that the information was confidential, they could be held accountable if they should have known that the information was confidential due to its nature or the circumstances.

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