LEGL 2700 Chapter 11: Intellectual Property
17 Mar 2018
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331-347, case 11. 3: property relationships are more productive in allocating scarce resources and producing new ones than legal relationships that just divide resources equally. Identify confidential knowledge-based resources: trade secret audit: identifies all the valuable forms of info possessed by the business (formulas, plans, reports, manuals, research, knowledge of customers/suppliers, preserve secrecy, reasonable measures include physically locking away written material, firewalls, encryption: al minor & associates, inc. v. martin, al minor & associates was the plaintiff. If one acquires a secret from another who has a duty to maintain secrecy, and one knows of that duty, that is misappropriation. Innocently acquiring a secret from another w/o knowledge of their theft is not misappropriation: more employers require employees to sign confidentiality contracts promising not to disclose what they learn in confidence in the workplace. Litigation for trade secret misappropriation: preponderance of evidence, trade secret actually exists.
