Are there any exceptions to trade secret protection?

Yes, there are some exceptions to trade secret protection in Massachusetts. Generally, trade secrets are protected by the state’s Uniform Trade Secrets Act (UTSA). However, there are a few exceptions which limit the scope of UTSA’s trade secret provisions. One such exception is the “inevitable disclosure doctrine.” This doctrine states that if an employee of a company with trade secrets takes a job with a competitor, the trade secrets may be disclosed due to inevitable exposure. In this case, an employer can be protected from the disclosure of the trade secret by other means (such as a non-disclosure agreement). Another exception is the “independent development” doctrine. This doctrine states that if the information being protected as a trade secret was independently developed by someone else, it is no longer protected by the UTSA. If the independently-developed information is later acquired by the owner of the trade secret, it may lose its trade secret protection. In addition, there are certain types of information that may not qualify for trade secret protection under the UTSA. Examples include information that has been published or disclosed to the public, or was known prior to the trade secret claim being filed. Finally, even if information qualifies as a trade secret it may have limited protection if the owner of the information does not take reasonable steps to maintain its secrecy. This includes steps such as keeping the information secure, preventing unauthorized access, and ensuring employees and contractors are bound by non-disclosure agreements.

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Are there any exceptions to trade secret protection?

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