Are there time limitations on trade secret protection?
In the state of Arizona, trade secret protection is determined by the Uniform Trade Secrets Act (UTSA). Generally, trade secret protection does not have any sort of time limitations, meaning that the trade secret can remain protected for an indefinite amount of time. As long as the trade secret is not publicly disclosed and the reasonable steps are taken to keep it confidential, the trade secret can remain protected. However, there are some limits to the amount of time that a trade secret can be protected. For example, if a trade secret is misappropriated and there is a delay in the discovery of the misappropriation, it can impact the trade secret protection. Arizona state law allows a plaintiff to recover damages up to 3 years after the misappropriation is discovered, or 1 year after the plaintiff should have discovered the misappropriation, whichever is earlier. Similarly, if a trade secret is obtained through improper means or the trade secret is a product that is illegally reproduced, the trade secret protection ends upon the first public disclosure of the trade secret. Overall, although trade secret protection does not have set time limits, it is important to take reasonable steps to secure and maintain trade secrets in order to reduce the risk of misappropriation. If a misappropriation is discovered, it is important to act quickly to protect trade secret rights and pursue appropriate remedies.
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