What types of information can't be protected as trade secrets?

In Virginia, trade secrets law states that certain types of information cannot be protected as trade secrets. Generally, information that is already known to the public, or that is easily ascertainable through proper means, cannot be protected as a trade secret. For instance, a company’s financial information, market strategies, customer data, or techniques are all typically trade secrets. However, certain types of information generally cannot be protected as trade secrets. These include know-how and information that is widely known in the industry or in the public domain. In addition, ideas, concepts, plans, or formulas that have not been reduced to practice or have not been used in a commercial setting are not protected by trade secret laws. This means that a company cannot keep an idea a secret until it has been implemented or shown to the public. In addition, trade secrets protections do not apply if the trade secret was obtained through improper means, such as theft, bribery, or improper use of confidential information. In addition, trade secrets can lose their protection if they are revealed to the public through publication, oral disclosure, or any other means. Therefore, it is important for companies to take the necessary steps to protect their confidential information and ensure it remains a trade secret.

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