Are there any common law protections for trade secrets?
Yes, there are common law protections for trade secrets in Washington. Common law is a body of law that is based on court decisions and precedence, rather than the legislature. In Washington, trade secrets are protected by the Washington Uniform Trade Secrets Act. This act provides civil causes of action against individuals or companies who acquire trade secrets unlawfully or use them in an unauthorized manner. The act defines a trade secret as information that is not generally known to the public, provides a competitive advantage to the owner, and is the owner’s reasonable effort to maintain the secrecy of the information. Trade secrets may include manufacturing processes, formulas, patterns, designs, customer lists, marketing strategies, and other similar information. In order to protect their trade secrets, the owner must take reasonable steps to prevent public access. This can include using passwords, encryption, limiting access to specific employees, or non-disclosure agreements. A business should also be aware of the laws governing misappropriation of trade secrets and have process in place to protect the confidential information. In addition to civil remedies, a person can be charged with a crime if they unlawfully use or misappropriate a trade secret. Depending on the seriousness of the offense, an individual or business may face hefty fines and even jail time for violating trade secret laws.
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