Transcript Document
5.1
Chapter 5
Trade Secrets and
Database Protection
© 2003 by West Legal Studies in Business/A Division of Thomson Learning
Sources of Trade
Secret Law
Roman Empire
law, extended to
English common
law
Uniform Trade
Secrets Act of
1979
Restatement of
Torts of 1939
The Economic
Espionage Act of
1996
5.2
Subject Matter of
Trade Secrets
Definitions
Restatement
of Torts
UTSA
EEA
Customer information
Trade secrets in software
Trade secrets on the Internet
5.3
Acquisition, Control,
and Ownership
Reasonable efforts to maintain
secrecy
Reasonable security
precautions
Information-centered
controls
Employee-centered controls
Outsider-centered controls
5.4
Acquisition, Control,
and Ownership
Commercial value
Use causing damage
Trade secret ownership
5.5
5.6
Misappropriation
Improper
means
Receipt
Disclosure
Use
Defenses to
Misappropriation
Independent development
Innocent receipt
Reverse engineering
Information already in the
public domain
Other defenses to
misappropriation
5.7
5.8
Remedies
Injunctions
Most
basic and immediate remedy
Should
be limited to the time the
information remains secret
Money damages
Owner must prove compensatory
damage amount
Protection of Databases:
Tort Theories
Database defined
Data warehouses and data
mining
Hot news
Trespass to chattels
Data aggregation
Shopping bots
5.9
Other Protection
of Databases
Compilation
Technical and contract protections
Sui Generis Data Base Protection
EU Database Protection Directive
5.10