Jacqueline Tadros, P.A. | Fort Lauderdale, Florida Intellectual Property Attorney

Trade Secret FAQs

How will a trade secret protect me?

A trade secret owner may prevent others from disclosing, copying, using or otherwise benefiting from its trade secrets.

Will a trade secret protect me from reverse engineering?

Trade secret will not prevent others from independently discovering the secret. It is not a violation of trade secret law to analyze or “reverse engineer” any lawfully obtained product and determine its secret.

How can I protect my trade secrets?

You should take reasonable precautions to protect any information that you regard as a trade secret. Sensible precautions include marking documents containing trade secrets “Confidential”, locking trade secret materials away and limiting access to people with a reasonable need to know. Further, the use of nondisclosure agreements is one of the most important ways to maintain the secrecy of confidential information.

What is a Non Disclosure Agreement?

A Non Disclosure or Confidentiality Agreement is a contract in which the parties promise to protect the confidentiality of secret information that is disclosed during employment or another type of business transaction.

What if someone steals my trade secret?

Every state has enacted a law prohibiting theft or disclosure of trade secrets. Most of these laws are derived from the Uniform Trade Secrets Act (UTSA). The state of Florida has adopted a version of the Uniform Trade Secrets Act. A court can issue an injunction to prevent further disclosure of confidential information. A trade secret owner can also collect damages for economic injury suffered.

Is stealing trade secrets a crime?

Intentional theft of trade secrets can constitute a crime under both federal and state laws.