...Protecting Trade Secrets With the expansion of technology over the past several decades, the availability of the internet as well as our reliance on it, and emerging powers such as China and India, trade secrets become more valuable and harder to protect. Whether it’s computer hacking a corporation’s network, a military mainframe, or spying for another country, also called espionage, it takes a wide array security measure to protect information from leaking or being stolen by our advisories. These security measures fall with the realm of IT, background investigations, and facility security. It is obvious, given past espionage events; these procedures are not always effective. Trade secrets, by definition, is considered to be a formula, practice, process, design, instrument, or compilation of information, hardware, technology, or some other means of proprietary information which is not generally known by the public or outside of the entity that protects. A trade secret gives a business the ability to obtain an economic advantage over competitors or customers. In some legal jurisdictions (states), these secrets are referred to as "confidential information", and are generally not referred to as "classified information" in the United States, as “classified information” refers to government secrets protected by a different set of laws and practices. Although, it is very important to note that the government, but more specifically the military and NASA have issues with protecting...
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...Running head: Trade Secrets Name Course Tutor Date Introduction Economic espionage occurs when an individual knowingly shares sensitive information that may lead to financial loss or loss of a comparative advantage of the owner. Trade secrets are a form of information, formula, procedures, techniques, or prototypes that the owner has taken reasonable efforts to protect. Trade secrets have an independent economic value regardless the form they are. Economic espionage is commercially motivated. A company, individual, or government uses illegal tactics to gain commercially valuable information about a competitor. Most economic espionage involves an employee in a company bribed by a competitor to share sensitive information. The increased use of the computer and the Internet makes computer hacking another common economic espionage. In extreme cases, a competitor may hire a gang to break into the rivals premises to steal or destroy information. Trade secrets There are many methods used to gather information about rivals. Some of the methods are legal, whereas others are not. A rival may use information available in the newspaper, company reports, patent applications, and the Internet to collect intelligence regarding the activities and plans of a company. The use of unethical methods to achieve competitive advantage is on the increase. Since 1985, economic espionage on American companies has increased by 260%. In most of the cases, the aim of the espionage is to...
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...Trade secret In regards of Schlossberger’s suggestion that the duty to respect trade secrets has limit and is overridden, it seem more emphasizing in whistle blowing aspect. So the question rises that under what conditions is whistle blowing moral justified? In my opinion, it does not matter what one’s obligations or confidentiality agreements, one is never exempt from the general obligations we have to our fellow human beings. One of the most fundamental of these obligations is not to cause harm to others. In particular, obligations of confidentiality and loyalty cannot take precedence over the fundamental duty to act in ways that prevent unnecessary harm to others. Agreements to keep something secret should have no moral standing unless that secret is morally justifiable itself. Such agreements should be morally void if the organization is engaged in illegal or immoral activities. In that case, one’s obligation to the public overrides one’s obligation to maintain secrecy. For example, one cannot have an obligation to keep secret a conspiracy to murder someone, because murder is an immoral act. It is for this reason also that employees have a legal obligation to report an employer who has committed or is about to commit a felony. For the same reason, an employee cannot justify participation in an illegal or immoral activity by arguing that one was merely following orders. Some people have argued that whistle blowing is never justified because employees have absolute obligations...
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...| How to Protect Trade Secrets in the Workplace | Business Law Research Paper | Anthony Arrieta 11-27-2015 | Trade secrets First let’s address what a “trade secret” is. It is very hard to get an exact definition of what these are but trade secrets have characteristics which most state statutes or common law recognize. They are: * Secrecy * Security * The value of the Information, and * Ease of Duplication A customer list is a classic example of information that might be considered a trade secret. The list, by itself, would probably not be a protected trade secret. It could only be protected if the customer list is not “readily ascertainable” from sources outside the particular company. For example, a list of customers revealing their monthly purchases would more likely constitute a trade secret. The mere listing of customer names and addresses which could be obtained from a telephone book, would probably not constitute a protected trade secret. Protecting trade secrets in the workplace is a very important part of running a successful business. Keeping parts of your business secret will differentiate you from the rest of your competitors and if you are succeeding in the industry it will keep you at the top of the industry. Successful companies stay on the top because they protect their most valuable information. Companies like Coca-Cola have protected their “secret” formula for 125 years (Coca-Cola, 2015). This is not the only reason that...
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...Justification of Protection of Intellectual Property vis-a-vis Trade Secrets PAPER V Submitted By: SARTHAK KAPILA ROLL NO. 48, P.G.D.,I.P.R. – 2014 Justification of Protection of Intellectual Property vis-a-vis Trade Secrets Intellectual property pertains to any original creation of human intellect such as artistic, literally, technical or scientific creation. Intellectual Property Rights (IPR) refers to the legal rights given by the State to the inventor/creator to protect his invention/creation for a certain period of time. These legal rights confer an exclusive right to the inventor/creator or his assignee to fully utilize his invention/creation for a given period of time. Countries have laws to protect intellectual property for two main reasons. One is to give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations. The second is to promote, as a deliberate act of Government policy, creativity and the dissemination and application of its results and to encourage fair trading which would contribute to economic and social development. The term ‘Intellectual Property’, denotes rights over intangible object of the person whose mental effort created it and refers to a loose cluster of legal doctrines that regulate the uses of different sorts of ideas and insignias. The subject matter of intellectual property is very wide and includes literary and artistic works, films, computer...
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...ISSUE: Whether the fact that the customer information was in an employee’s memory allows him to use with impunity the information that was otherwise a trade secret under the statute. RULE: As a general rule, an employee who has not signed an agreement not to compete is free, upon leaving employment, to engage in competitive employment. However, the former employee, even in the absence of an enforceable covenant not to compete, remains under a duty not to use or disclose, to the detriment of the former employer, trade secrets acquired in the course of their employment. ANALYSIS: It is evident that the employees obtained confidential information while working for Nowogroski. It is also evident that these employees used client lists and other information that was obtained at Nowogroski to get business for another agency. Three rules can be looked at to decide whether a customer list is protected as a trade secret: ( 1) whether the list is a compilation of information; ( 2) whether it is valuable because it is unknown to others; and ( 3) whether the owner has made reasonable attempts to keep the information secret. CONCLUSION: Yes, although a former employee may use general knowledge, skills, and experience acquired during the prior employment in competing with a former employer, the employee may not use or disclose trade secrets belonging to the former employer to actively solicit customers from a confidential customer list, whether written or memorized. Wal- Mart Stores...
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...Intellectual Property: A Fight for Ideas Park University Intellectual property as defined by the Stanford Encyclopedia of Philosophy “is generally characterized as non-physical property that is the product of original thought” (Moore). According to the World Intellectual Property Organization “the rights in relation to: literary, artistic and scientific works; the performance of performing artist, phonograms and broadcasts; inventions in all fields of human endeavor; scientific discoveries; industrial designs; trademarks; service marks and commercial names and designations; and all other rights resulting from intellectual activity in the industrial, scientific, literary and artistic fields” ("Intellectual Property and Legal Services"). There is a distinct difference between traditional property laws and intellectual property laws. Property laws would give rights to the sole owner of an object such as a car. When the owner is driving the car no one else can drive the car. In regards to intellectual property the law allows other individuals to make use of the idea or invention as long as they have met the requirements, usually in the form of payment for the right. The idea of protecting one’s ideas has deep reaching roots that stretch back to the 17th century. Philosopher John Locke promoted intellectual property law with his idea “that a person should enjoy the fruits of his labor” ("Intellectual Property and Legal Services"). Protection for ideas were spread throughout Europe...
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...Abstract Everybody in America wants to be wealthy. We also want to be well-known and well-respected in society. The desire to be successful in our careers and profession we choose is just as important. To be successful an individual would choose a profession that would allow them to advance and climb the corporate ladder. Each and every profession has a standard code of ethics and professional values. Likewise, each has their own set of codes within the corporation or company. A person choosing their profession should really consider their own values and ethics before pursuing a professional career in an area that would later be conflicting with ones self-conscience. Professional values are usually framed from our own personal values. The customs, beliefs, and ideas we hold dear are our values. Ethics are the things we think of as right and wrong. A person who has high values and ethic should reconsider the job offer if they feel the corporation is dishonest Professional Values and Ethics Sexual Harassment “Professional values are the principles that guide your decisions and actions in your career.” According to Chrissy Scivicque, there are some universal values that should be and usually are held and practiced in all of them and they are: “first, do no harm; keep it simple; honesty is the best policy; we’re all in this together and stay balanced.” Professional ethics concerns the moral issues that arise because of the specialist knowledge that professionals...
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...Barnes Intellectual Property Clause Intellectual Property, or IP, is a broad term defining the intangible assets of a company. These assets may include special skills or talents, inventions, technologies such as software, relationships with customers or vendors, and brand identity. These examples of IP, and many more, are often among a company’s most valuable resources, and there are specific laws designed to protect them. Trade secrets, patents, trademarks, and copyrights define and control ownership rights to IP, and businesses further protect those rights by drafting IP clauses when they enter into contracts with individuals or other businesses. (Reed, Pagnattaro, Cahoy, Shedd, & Morehead, 2013). The purpose of an IP clause is to identify IP as it pertains to the respective contract, define authorized and/or unauthorized use(s), and incorporate this information into the original contract, which makes it legally binding (Connock, 1994). The following is an example of an IP clause: “Intellectual Property,” or “IP,” refers to the trade secrets, copyrights, trademarks, patents, and patentable ideas relating thereto of Developer, including but not limited to the know-how, inventions, technologies and technical data relating thereto, processes and methods of business operation, reports, manuals, other documentation and all information relating thereto, databases, pre-existing and future relationships with customers and suppliers, software, new product research, and marketing...
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...Chapter 9 3. Turner Company owned and operated a cable television business. The company owned more than 780 miles of feeder cable. The cable was annexed to telephone poles owned by BTT Telephone Company under a lease that required removal of the cable if BTT should need the space for its own service needs. Butte County assessed the Turner Company cable as real property because it is properly classified as a fixture. Is the county correct? Why? A fixture is defined as personal property that has become attached or annexed to real estate; a fixture generally is treated as part of real estate. There are certain things considered when determining whether or not the item will be considered as a fixture. First, it will need to be determined whether the fixture is included in the real estate for tax purposes. Second it would need to determine if the sale of the real estate will include the item of property. Third, it will need to be determined whether the item is covered by the mortgage and fourth, if the item belongs to the landowner, not the tenant that could be terminated of a lease. Base on information above, although the cable was annexed to the telephone poles, it was based on a lease, it did not belong to the landlord owner, therefore it could not qualify as a fixture. In addition, the cable is not included in the value of the property nor is it part of a security given by mortgagor. The cable is an item that can be removed in which will not change the value of the property...
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...The Relationship between Principals and Agents in Business BUS311: Business Law I (BNJ1151A) Prof. Samantha Hodapp January 30, 2012 The Relationship between Principals and Agents in Business The relationship between a prinicipal and agent in business can and have been great; benefitting both parties involved while providing the best services or products to the consumer. Many businesses, or prinicipals, use an agent, such as an employee or sales representative, to represent the business when dealing with third-parties, also know as the consumer or client. For the sake of this writing this relationship will be based on the principal (A.O.I.), special agent(s) (sales representatives) and third-parties (clients). A special agent is a person delegated to act only in a particular transaction, under definite instructions, and with specific limits on the scope of his or her authority. (Liuzzo, 2009, pg. 259) An example in this case would be a sales representative who has authority to negotiate the price of a sale to a limit predetermined by the principal. Another example of prinicipal and agent relationships is GNC who argued that the conduct of McCreadies was sufficient to represent they had authority to enter a binding agreement on behalf of O2. McCreadies was hired by O2 to negotiate the terms of the contract and GPN argued that agents are commonly used to negotiate and enter into contracts and that O2 had at no time informed them of any restrictions of McCreadies’ authority...
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...Ronald Boerjan, resigned from RJA on December 23, 2005, and began to work for RJA’s competitor, Leonard & Company. Boerjan began to solicit his former clients of RJA, to try to transfer to LC. B. Noting that Boerjan has on record signed acknowledgements that he was aware and agreed to the policies and procedures prior to his hire at RJA, which included policies on what does and does not make up a “trade secret”, RJA seeks a preliminary injunction which prohibits Boerjan and LC from contacting, soliciting, or using any of RJA’s trade secrets, including by not limited to, customer lists and account numbers. 3. The Issue Do customer lists meet the definition of trade secret, and if so, is Boerjan breeching that with his solicitation of his former clients? 4. Holding No 5. Summary of Court’s Reasoning A. The likelihood of Boerjan’s success in transferring former client’s accounts to his new firm isn’t strong or substancial enough to be sufficicent enough to grant an injunction B. Customer lists developed by Boerjan are not protectable trade secrets. C. There is nothing wrong with an employee establishing and communicating with customers for whom he has formally done work with in previous...
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...Coretta Brown Assignment 4: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property LEG500 August 25, 2014 Write an eight to ten (8-10) page paper in which you: http://www.insidebusiness360.com/index.php/ethical-issues-faced-by-marketers-18696/ Legal and ethical situations have been a topic in the business world since day one. Legal and ethical can sometimes be confusing in the work place if there are not rule and regulation to abide by in the organization. Legal is an act according to law, not in violation of law or anything related to the law. Ethical involving questions of right and wrong behavior relating to ethics and following accepted rules of behavior that are morally right and good. 1. Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question. Marketing is the total of activities involved in the transfer of goods from the producer or seller to the consumer or buyer. Advertising is the act or practice of calling public attention to one's product, service, need, etc., especially by paid announcements in newspapers and magazines, over radio or television, and on billboards. According to Mathenge,“Over the years, advertising and marketing communication messages have created a lot of debatable ethical issues, due to the public belief , that advertisements...
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...This article is about Apple and their history of legal disputes between Apple, the computer company, and Apple, the Beatles’ record company. The disputes were about the same thing every time and that was their similar logos. The two companies have gone to court twice for this before. They went to court in 1981 and in 1991. They are now going back to court saying that the computer company is over stepping its bounds of the agreement that has been made. There are four types of intellectual properties. The types are copyrights, patents, trademarks, and trade secrets. “A patent grants property rights on inventions, allowing the patent holder to exclude others from making, selling or using the invention. A trademark is a word, phrase, symbol, or design that distinguishes the source of the goods of one business from its competitors. A trade secret is a formula, process, device, or other business information that companies keep secret to give them an advantage over their competitors. Copyrights protect original works of authorship, such as literature, music, artistic works, and computer software ("Four Types of Intellectual Property Protection", 2014).” There are many issues that can come with e-business. For example when it comes to intellectual properties you need to be careful...
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... that she was required to sign upon working for Greene's, when she took secret information to multiple competing jewelers. The agreement was a valid bilateral contract which was expressed in writing. To qualify as a contract, a set of promises must be based on a voluntary agreement, which is made up of an offer and an acceptance of that offer. Any court will need to know the terms each party has agreed upon to determine if there was a breach of contract and calculate a remedy. In the case of RRK Holding Co. v. Sears, Roebuck and Co. (United States District Court, N.D. Illinois, Eastern Division 563 F.Supp.2nd 832 May 27, 2008), the jury’s calculated remedy cost Sears $25 million for misappropriation. By providing documentation of the NDA, signed by Ms. Lawson at the time of her initial employment, the plaintiff can display the defendant’s understanding and thus blatant and reckless disregard of her responsibility to not disclose any information pertaining to the patented process for producing “EverGold.” Also, by providing the court with her initiated and signed contract with the plaintiff’s competitor, Greene’s is able to prove that Ms. Lawson knowingly gave this information away for gain. A winning case showing contract violation is PC Connection, Inc. v. Stephen P. Price (US District Court, D. New Hampshire Case No. 15cv208PB. No. 2015 DNH 202 October 29, 2015). Moreover, this secret formula given to the competitor, Howell Jewelry World, was tweaked by the...
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