Transcript ch05
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 Economic Espionage Act 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 5.11 Questions & Discussion