Are there any exceptions to trade secret protection?

Yes, there are exceptions to trade secret protection in Washington. For example, one exception is independent discovery. This means that a person or company that discovers the trade secret on their own, without relying on someone else’s trade secret, will not be held liable for breaching the trade secret. Another exception is disclosure or use in the public interest. This exception is often used when the trade secret is related to a public health or safety issue. In this case, the trade secret can be disclosed or used for the sake of the public’s safety, without breaching the trade secret. A third exception is when the trade secret is disclosed by an employee that was not given any notice or information that the information was a trade secret. In this case, if the individual was unaware that the trade secret was secret, then they cannot be held liable for disclosing the trade secret. This exception is often used to protect employees who may inadvertently disclose trade secrets. Finally, another exception is when the trade secret is disclosed or used during a court proceeding. Under Washington law, trade secrets can be protected by the court, so any information disclosed or used during a court case will not be considered a breach of the trade secret. As such, this exception is used to ensure that individuals or companies do not have to worry about reprisal for disclosing trade secrets during court proceedings.

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