What types of information qualify as trade secrets?
Trade secrets are confidential information that has economic value, typically because it is not generally known or readily ascertainable. In Washington, trade secrets are legally protected under the Trade Secrets Act (RCW 19.108). Under the Act, trade secrets can include formulas, patterns, compilations, programs, devices, methods, techniques, processes, financial data, customer lists, and research. Generally, the information must not be known by the public or readily ascertainable by proper means. Additionally, the owner must have taken reasonable steps to ensure the secrecy of the information. Keep in mind, certain types of information do not qualify as trade secrets in Washington, such as information that is freely available to the public, information that consists of general knowledge within an industry, and information that has been acquired unlawfully. Furthermore, the courts may refuse to protect information that is considered to be trivial or insignificant. In conclusion, a variety of types of information may qualify as trade secrets under Washington’s Trade Secrets Act. To meet the requirements, the information must have economic value, must not be generally known to the public or readily ascertainable, and must have reasonable steps taken to maintain its secrecy.
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