What is a trade secret violation?

A trade secret violation is when someone obtains and uses information without the consent of the rightful owner. In Washington, trade secrets are protected by Intellectual Property Law. This law does not rely on registration of the information but instead on the reasonable efforts the rightful owner has taken to protect their trade secret. A violation of the trade secret laws occurs when someone discloses the information without permission. This includes, but is not limited to, selling, renting, distributing, disseminating, or disclosing the information to anyone not authorized to have it. In addition, stealing the trade secret or using it in a manner not previously authorized can be a violation. The penalty for a trade secret violation in Washington can be steep. The person found guilty of a violation can be ordered to pay monetary damages to the rightful owner, including restitution for profits lost. In addition, the person can be fined for a criminal violation of Washington’s trade secret laws. Civil lawsuits also can be brought against those found guilty of trade secret violations. Ultimately, it is important to take steps to protect trade secrets from violations. This includes taking measures to prevent unauthorized use, such as limiting access to the information to those who need it and ensuring that any transfers are done in a secure manner. It is also important to document efforts taken to protect the trade secret, as this can help if a trade secret violation occurs.

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