What are the legal remedies for the misuse of trade secrets in the United States?
In the United States, the legal remedies for the misuse of trade secrets typically involve claims of misappropriation, which is a particular type of illegal taking. Under the Uniform Trade Secrets Act, a trade secret is defined a “information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use.” In other words, if someone illegally acquires a trade secret and uses it or shares it with others, the owner of the trade secret can take legal action. In Washington, the owner of a trade secret can seek a number of different legal remedies, including injunctions (an order by the court that requires a party to do o not do something), actual damages (compensation for any losses that can be linked to the misappropriation), punitive damages (damages intended to punish wrongdoers), and attorney’s fees. The owner of the trade secret may also be able to seek criminal penalties against the misappropriator (the person who illegally acquired and/or used the trade secret), including jail time and fines. It is important to keep in mind that trade secrets must be sufficiently safeguarded in order to be legally protected. Therefore, business owners should be aware of their legal rights and responsibilities and employ appropriate measures to protect their trade secrets.
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