The law of trade secrets is long-established: to obtain the court's assistance
in enforcing trade secret rights, the trade secret owner must consistently
take measures that are reasonable under the circumstances to protect its trade
secrets. The increased digitization of trade secrets and the increased availability
of digital tools to remove them have made the "circumstances" far more hostile
to trade secrets and far less forgiving of errors than ever before. While the law
does not require the trade secret owner to build an impenetrable fortress around
the secret, the trade secret owner that does not take these new circumstances
into account in designing a protection program has not taken reasonable measures.
This article discusses practical contractual and litigation measures trade secret owners should consider in protecting their assets and examines the benefits and limitations of various statutory tools.
In order to read this interesting article featured in the Volume 49 of IDEA -The Intellectual Property Law Review, please click on the author's link above.
