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Intellectual Property Law (1 viewing) (1) Guest
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Topic History of: Re: Misappropriation
Max. showing the last posts - (Last post first)
Author Message
ai1829 If a client claims that someone (like a prior employee) is unlawfully using a trade secret like a client list, should a letter be sent to the infringer or try for an injunction? Do attorney fees normaly attach?
clan_law Additional information…

Like patents and trademarks, trade secret is also protected by laws of varying jurisdictions.
Trade secrets have a distinct characteristic from a patent or trademark with reference to the inception of the protective mantle of the law.

Of patent and trademarks, protection usually commence from the moment of registration from the proper office to which it relates.

In contrast, trade secrets are protected only when the secret is not disclosed. The confidential information is likened to a property, where unlawful appropriation thereof by an intruder is actionable in court.

Misappropriation of trade secrets may be enjoined.

In the end, after proving the infractions, damages for economic injury may be recovered by the owner of the trade secrets.

The whole process is very technical and taxing.
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