What is the difference between trade secrets and trade secrets infringement?
Trade secrets and trade secrets infringement are two distinct legal concepts that exist in Massachusetts. Trade secrets are confidential pieces of information that give a business a competitive advantage in the marketplace. This could be a formula, process, device, pattern, or plan that is not generally known by the public. Trade secret infringement occurs when someone uses or discloses a trade secret without the permission of the owner. The most common trade secret infringement is when an employee or former employee of a company takes confidential information from the company and uses it for their own gain. This could be disclosing information to a competing company or using the trade secret information to open their own business. Trade secrets are also protected when a company is sold by having the buyer agree to not disclose the confidential information to others. Trade secret infringement is illegal and punishable by both civil and criminal penalties. It is important for businesses to understand what information constitutes a trade secret and to have procedures in place to protect it. A company can also take legal action to protect their trade secrets such as filing a lawsuit against the infringer and obtaining an injunction to prevent the infringement from occurring in the future.
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