PJC Business 2024

M ISAPPROPRIATION OF T RADE S ECRETS

PJC 111.1

PJC 111.1

Question and Instructions on Existence of Trade Secret

QUESTION ______ Did Paul Payne own a trade secret in the [ information, e.g., business, scien tific, technical, economic, or engineering, and any formula, design, prototype, pattern, plan, compilation, program device, program, code, device, method, technique, process, procedure, financial data, or list of actual or potential cus tomers or suppliers ] listed below? “Trade secret” means [ information, e.g., business, scientific, technical, eco nomic, or engineering, and any formula, design, prototype, pattern, plan, com pilation, program device, program, code, device, method, technique, process, procedure, financial data, or list of actual or potential customers or suppliers ] that— 1. derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and 2. is the subject of reasonable measures by the owner under the cir cumstances to maintain its secrecy. “Proper means” are discovery by independent development [ , reverse engi neering, ] or any other means that is not improper. “Improper means” include theft; bribery; misrepresentation; breach or inducement of a breach of a duty to maintain secrecy, to limit use, or to prohibit discovery of a trade secret; or espionage through electronic or other means. “Own” means to have rightful, legal, or equitable title to, or the right to enforce rights in, a trade secret. Answer “Yes” or “No.” 1. [ Sample trade secret instruction. ] Answer: _______________

2. [ Sample trade secret instruction. ] Answer: _______________

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