Protecting Trade Secrets Under The Uniform Trade Secrets Act

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Trade secrets are valuable. Executives know that, but do they also know how easily they can be stolen? Marketing expert Michael Budden thinks not. The departure of unhappy employees, sabotage by current employees, or simply the carelessness of managers unmindful of the risks or unaware of the protection available to them can be hazardous to the security of essential corporate information. Now, however, there is the Uniform Trade Secrets Act. Prevalent in most states with enactment in others almost certain, the Act offers the protection executives need providing they have taken reasonable steps on their own before seeking redress under its provisions. In this readable text, Budden explains the law, how it works, and what executives must do to avail themselves of it. He includes revealing case studies for further guidance and to aid executives in their corporate strategic planning. An essential resource for people with management responsibilities in almost all organizations, and a useful quick refresher for their legal advisers.

Losses to organizations through trade secret misappropriations cost billions of dollars annually. No industry is immune. Trade secrets take many forms; recipes, formulas, customer lists, market research results, proprietary processes, and product development secrets are a few examples. Under the Uniform Trade Secrets Act, however, companies that have created plans and procedures to guard against such losses before they occur can now seek injunctive relief and collect monetary awards for damages. Dr. Budden introduces readers to the Act and the jurisdictions that have adopted it, and then explains what executives must do to create the necessary precondition of establishing a climate of confidentiality, including the use of non-compete covenants, and nondisclosure and noncompetition contracts. He goes on to lay out the sort of information that must be protected and how to appraise its value and the nature of its secrecy. Following up with advice on developing a plan of action to protect trade secrets, he concludes with a thoughtful discussion of the legal avenues and alternatives that executives can take and an outline of all the trade secrets protections the Act makes available.

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Editorial Reviews

Budden (marketing, Auburn U.) explains how to use the laws now enacted in most US states and sure to be enacted in the rest soon, to avoid the dissemination of trade secrets through disgruntled ex-employees, sabotage by current employees, or simple carelessness about the risk and possible protections. He notes that if companies have created plans and procedures to guard secrets, they can seek injunctions under the Act if they are leaked. Several precautionary case studies are included. Annotation c. by Book News, Inc., Portland, Or.
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Product Details

  • ISBN-13: 9781567200164
  • Publisher: ABC-CLIO, Incorporated
  • Publication date: 10/7/1996
  • Pages: 192
  • Product dimensions: 6.14 (w) x 9.21 (h) x 0.50 (d)

Meet the Author

MICHAEL CRAIG BUDDEN is Professor of Marketing at Auburn University Montgomery, Alabama, with additional experience as a high-level university administrator.

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Table of Contents

1 Introduction to Trade Secrets 1
2 The Uniform Trade Secrets Act 13
3 Establishing a Climate of Confidentiality 49
4 Specifying Information to be Protected 79
5 Appraising the Value of the Information 95
6 Appraising the Secrecy of the Information 103
7 Developing a Plan of Action 143
8 Legal Avenues and Alternatives 153
9 Summary of Trade Secrets Protection under the Uniform Trade Secrets Act 159
Selected Readings 163
Index of Legal Citations 165
Index 169
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