Written by attorney Gregory Timothy Victoroff

Protecting Trade Secrets and Ideas

Under certain circumstances trade secrets and ideas can be protected by written, oral, or implied-in-fact contracts, as confidential information (trade secrets), or by operation of law. A more complete answer in each case requires a detailed analysis of an array of U.S. state and federal laws related to express and implied contracts, trade secrets, trademarks, copyrights, labor and employment law, and equitable principles of fairness. Then, specific facts of the relationship, the conduct and intentions and understandings of the parties, both express and implied, the circumstances of the disclosure, the particular jurisdiction , and the concreteness, novelty and originality of the idea must all be considered.

Additional resources provided by the author

See further, Victoroff, Greg, The NDA Dance/Works Made For Hire, State Bar of California IP Section, 2000 Spring Program

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