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Fighting economic espionage with state trade secret laws

Fighting economic espionage with state trade secret laws Purpose – The purpose of this paper is to provide an overview of trade secrets, reasonable steps to preserve secrecy, trade secret value, misappropriation methods used to acquire trade secrets, various legal remedies, and internal controls to protect trade secrets. Design/methodology/approach – A sample of types of civil trade secret cases is highlighted. The paper includes a statutory and legal case study analysis of the elements in a civil trade secrets lawsuit. Analysis of actual trade secret court cases illustrates the importance of private civil lawsuits in combating intellectual property fraud. Findings – This paper shows the serious impact of trade secret espionage on the success and survival of businesses and the necessity of proving each element of a civil claim under state trade secret law. Also, practical steps necessary to protect an entity's trade secrets are discussed. Practical implications – This paper raises the awareness of executives, managers, internal and external auditors, forensic accountants and other interested parties about the severity of trade secret espionage. Also, this paper highlights numerous steps to protect trade secrets. Originality/value – This paper fills an identified need to inform those involved in the fight against economic crime about the importance of state trade secret laws and internal controls in the fight against intellectual property fraud. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Journal of Law and Management Emerald Publishing

Fighting economic espionage with state trade secret laws

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Publisher
Emerald Publishing
Copyright
Copyright © 2008 Emerald Group Publishing Limited. All rights reserved.
ISSN
1754-243X
DOI
10.1108/17542430810877454
Publisher site
See Article on Publisher Site

Abstract

Purpose – The purpose of this paper is to provide an overview of trade secrets, reasonable steps to preserve secrecy, trade secret value, misappropriation methods used to acquire trade secrets, various legal remedies, and internal controls to protect trade secrets. Design/methodology/approach – A sample of types of civil trade secret cases is highlighted. The paper includes a statutory and legal case study analysis of the elements in a civil trade secrets lawsuit. Analysis of actual trade secret court cases illustrates the importance of private civil lawsuits in combating intellectual property fraud. Findings – This paper shows the serious impact of trade secret espionage on the success and survival of businesses and the necessity of proving each element of a civil claim under state trade secret law. Also, practical steps necessary to protect an entity's trade secrets are discussed. Practical implications – This paper raises the awareness of executives, managers, internal and external auditors, forensic accountants and other interested parties about the severity of trade secret espionage. Also, this paper highlights numerous steps to protect trade secrets. Originality/value – This paper fills an identified need to inform those involved in the fight against economic crime about the importance of state trade secret laws and internal controls in the fight against intellectual property fraud.

Journal

International Journal of Law and ManagementEmerald Publishing

Published: May 16, 2008

Keywords: – Fraud; United States of America; Intellectual property; Espionage; Trade secrets; Law

References