Perspective
Oct. 11, 2016
How secret must a trade secret be?
Could a trade secret exist if it is known or readily ascertainable within an industry, and its value is derived solely from being unknown to new entrants? It might depend on the jurisdiction. By Douglas Winthrop and Emily Wood
Douglas A. Winthrop
Partner
Arnold & Porter Kaye Scholer LLP
Phone: (415) 471-3100
Email: douglas.winthrop@apks.com
Univ of Minnesota L S; Minneapolis MN
As a general principle, trade secrets derive independent economic value from not being generally known to the public or others who could realize economic value from their disclosure or use. But could a trade secret exist if it is known or readily ascertainable within an industry, and its value is derived solely from being unknown to new entrants?
Imagine a scenario in which Acme Co. spent a significant am...
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