The Uniform Trade Secrets Act
The uniform trade secrets act developed in 1971 aimed at protecting the interests of business through the prohibition of releasing trade secrets to unauthorized personnel. The objective of the act was to achieve harmony and to synchronize the independent state regulations on the embezzlement of state secrets. After the first section, the 2-4 sections provide possible infringement actions and the remedies against them. Some of the possible infringement outcomes include Attorney fees, injunction and payment of damages.
Although using someone’s trade name does not always amount to infringement, other practices such as obtaining the trade name through improper channels and the infringement of confidence are considered illegal. The legal means of obtaining trade names include innovation, reverse engineering and involuntary engineering. The aspect of reverse engineering refers to access to the trade secrets due to lack of proper defensive actions against secrets protection.
While patents are applicable for a particular period of time, trade secret acts do not store the secrets of businesses for a definite period of time. Trade secrets act allow for the keeping of trade secrets until they are disclosed to the public either intentionally or accidentally. Innovative individuals can also make new changes to existing trade secrets and then claim part of the increased revenue due to the additional invention (Radack, 2006).
The embezzlement of trade secret acts occurs when such secrets are exposed to the public. Since these secrets are the backbone of business operations, exposure of such secrets has a detrimental effect to the business. As such, following embezzlement, a court ban is often accessed to prevent other businesses from gaining revenue through the use of embezzled information. The ban functions until periods where such use of the trade secrets is not punishable (Halligan, n.d)
Radack, David. “The Uniform Trade Secrets Act.” JOM 58.1 (2006). Web. 21 February 2013. <http://www.tms.org/pubs/journals/JOM/matters/matters-0601.html >
Halliigan, Mark. “Uniform Trade Secrets Act: Comparison to Illinois Trade Secret Act”. n.d. Web 21 February 2013 < http://tradesecretshomepage.com/usta.html >
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