Preserve Secrecy - ️️-lock written material
-secure computer stored knowledge with firewalls and encryption
-impose confidentiality restrictions
-regulate visitors
-nondisclosure agreements
Demonstrating Misappropriation - ️️Occurs when one improperly acquires or
discloses secret info...
LEGAL 2700 Exam 3 Hackleman
Preserve Secrecy - ✔️✔️-lock written material
-secure computer stored knowledge with firewalls and encryption
-impose confidentiality restrictions
-regulate visitors
-nondisclosure agreements
Demonstrating Misappropriation - ✔️✔️Occurs when one improperly acquires or
discloses secret info (it is a known secret)
Independent creation and reverse engineering are exempted from this
Intellectual Property - ✔️✔️(Abe Lincoln only president to have a patent)
Justification: To promote, give incentive to business/ideas, protection via patents,
encourages research and development
Competition (in relation to intellectual property) - ✔️✔️Customer list, skills, design
plans
Capturing (in relation to intellectual property) - ✔️✔️idea that once something is out in
the public domain, you cannot apply intellectual law to recapture it
Trade Secret - ✔️✔️Knowledge/Info that is kept secret and has economic value
*reasonable steps are taken to keep info secret and this inf cannot have been learned
on one's own*
UNIFORM TRADE SECRET ACT
Establishing Existence of a Trade Secret - ✔️✔️Conduct a trade secret audit to identify
confidential knowledge based-resources
Al minor & Associates VS Martin - ✔️✔️Martin worked for Al Minor, then started own
business with memorized customer list
Ruled that there is no distinction between memorized or tangible information
Employee mobility and Trade secrets - ✔️✔️Confidentiality contracts forbid employees
from disclosing the knowledge obtained in the workplace
Employers can enforce agreements not to compete only when there is a valid business
purpose for contact
Injunction - ✔️✔️Civil ruling by courts to (not) do something
, Espionage - ✔️✔️Obtaining secrets from the government in propose to disclose to a
foreign government (criminal)
Coco Cola incident - ✔️✔️coca cola is a trade secret; Lady wasn't trying to sell the
recipe; but was selling R&D to Pepsi for $1.25 million dollars; she did 8 years in prison
because Pepsi turned her in to the FBI
Patent Law - ✔️✔️Exclusive rights by the US Patent and Trade Office to eclude others
and is protected for a LIMITED time
New invention - ✔️✔️A legal monopoly!
Utility Patent - ✔️✔️New,
non-obvious,
useful processes, machines, compositions of matter or improvements thereof
20 years from filing date
Design Patent - ✔️✔️New, original and ornamental design for an article of manufacture
14 years from filing date
Plant Patent - ✔️✔️New, variety of plant that can be reproduced asexually
20 years from filing date
Process for Obtaining a Patent - ✔️✔️1. File application
2. Filing fee
3. Explain invention
4. Explain uniqueness
5. Describe patent-able aspects
6. Evaluation by patent examiner
Association for Molecular Pathology v. Myriad Genetics, Inc (2013) - ✔️✔️myriad
discovered/identified two genes related to breast cancer; wanted patents on the two
parts of genes in bracha 1 or bracha 2; myriad would exclude ppl from separating those
genes or getting more info; association filed a lawsuit because the subject matter was
naturally occurring dna and couldn't be patented; myriad did not create or alter the
dna/genes, only located them, makes them not able to patent it
Patent Enforcement - ✔️✔️-Patents are for a limited time only
-Patent owner can sue for infringement to get injunction and damages
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller PatrickKaylian. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $8.39. You're not tied to anything after your purchase.
