Is it possible to protect trade secrets with a public disclosure?

Yes, it is possible to protect trade secrets with a public disclosure in California. A trade secret is confidential information or material that has value because it is not generally known or readily available. In California, the Uniform Trade Secrets Act (UTSA) allows for public disclosure of trade secrets in certain circumstances. For instance, an inventor may choose to publicly disclose their trade secret in the patent application process. Under the UTSA, “a person who discloses or makes available a trade secret in confidence to a federal, state, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law” is not liable for violating the trade secret. It is also important to note that while public disclosure may be protected under the UTSA, it is not necessarily a foolproof way of protecting a trade secret. Companies should always ensure that they are taking other measures to protect their valuable trade secrets. This includes having a written non-disclosure agreement in place with anyone who has knowledge of their trade secret, as well as taking other steps such as encrypting sensitive information, protecting access to the information, and not disclosing it to the public.

Related FAQs

What is the scope of trade secret protection in the European Union?
Are trade secrets protected by contract law?
Are there any international treaties protecting trade secrets?
Can trade secrets be protected through copyright law?
What type of information is not protected by trade secret law?
What steps can I take to protect my trade secrets?
What is the Economic Espionage Act (EEA)?
Is the use of a non-disclosure agreement sufficient to protect confidential information?
What is the difference between a trade secret and a patent?
What is the Uniform Trade Secrets Act (UTSA)?

Is it possible to protect trade secrets with a public disclosure?

Related FAQs

Related Blog Posts