Discovering Trade Secrets
Companies often try to discover one another's trade secrets through lawful methods of reverse engineering or employee poaching on one hand, and potentially unlawful methods including industrial espionage on the other. Acts of industrial espionage are generally illegal in their own right under the relevant governing laws. The importance of that illegality to trade secret law is as follows: if a trade secret is acquired by improper means (a somewhat wider concept than "illegal means" but inclusive of such means), the secret is generally deemed to have been misappropriated. Thus if a trade secret has been acquired via industrial espionage, its acquirer will probably be subject to legal liability for acquiring it improperly. (The holder of the trade secret is nevertheless obliged to protect against such espionage to some degree in order to safeguard the secret. As noted above, under most trade secret regimes, a trade secret is not deemed to exist unless its purported holder takes reasonable steps to maintain its secrecy.)
Read more about this topic: Trade Secret
Famous quotes containing the words discovering, trade and/or secrets:
“Until we devise means of discovering workers who are temperamentally irked by monotony it will be well to take for granted that the majority of human beings cannot safely be regimented at work without relief in the form of education and recreation and pleasant surroundings.”
—Mary Barnett Gilson (1877?)
“Until the end of the Middle Ages, and in many cases afterwards too, in order to obtain initiation in a trade of any sort whateverwhether that of courtier, soldier, administrator, merchant or workmana boy did not amass the knowledge necessary to ply that trade before entering it, but threw himself into it; he then acquired the necessary knowledge.”
—Philippe Ariés (20th century)
“Do not tell secrets to those whose faith and silence you have not already tested.”
—Elizabeth I (15331603)