Protection For Submission

1. Security Measures:
• Plan to present their thoughts & ideas as for
Diversion, Stimulation show, Procedure &
Creation.
• Thoughts for which clients or customers will
pay remuneration.
• Risk involved in this is the company received
the idea can claim that it had developed by its
own.
 2. Submission of Government Agencies:
• Private companies offer bids to government
agencies with intention to government
contract.
• This contract is essential to disclose TSI to
Government agency.
• Freedom of Information Acts, the bids offered
by the private company made available to
public & results in disclosure of TSI to
competitors.
 Contd..
• To protect the TSI of private companies, the
freedom of information acts include certain
exceptions for TS.
• Exceptions restrict information from disclosure.
• If a govt agency discloses the TSI of private
companies & if such information comes under
the exceptions to freedom of information
acts then govt agency have to compensate the
private company loss suffered due to
disclosure.
 Defense of TS
1. Absence of Secrecy Protection Measures:
• A defendant may claim that TS owner was
unable to take up protective measures to TSI
& resulted in disclosure of TS to public.
• The court will assess the appropriateness of
the measures adopted by the TS owner.
• If TS owner had failed in protecting TS then
the court will abandon the rights of a TS
• Remembering the TSI & reconstructing it, is
not considered as defence but is kind of
misappropriation.
 4. Privilege:
• Disclosure of TS during Judicial or
administrative action is considered privilege.
• A person called by the court for test regarding
TS should inform to TS owner so that owner
can take protective measures.
• Such is excluding the bystanders & media
people in the court hall while disclosing the
TSI
 Remedies
• Remedies by TS owner for misappropriation of TS are:
1. Monetary damages 2. Attorney fees &costs 3.
injunctive relief.
1. Monetary Damages: The owner of TSI has been
misappropriated can claim for monetary damages from
the defending party.
Owner get lost profits & profits earned by the defendant.
TS owner can charge royalty from defendant for using TS.
Plaintiff will also recover the punitive damages if the
misappropriation is intended & of bad faith by the
defendant.
As per UTSA punitive damages should not be more than
double the compensatory damages. Uniform Trade
Secrets Act,
• 2. Attorney Fees and Costs:
• Usually, parties are liable to bear the attorney
fees and costs by their own.
• As per UTSA, the TS owner can recover
attorney’s fees & costs from the defendant for
wilful misappropriation.
• 3. injunctive Relief:
• Court issues injunction to restrict the defendant from
using/disclosing the information, further to make sure that
doesn’t start using or disclosing information.
• TS owners prefer injunctive relief than damage recovery.
• Court will issue a preliminary injunction at the beginning &
if the plaintiff prevails misappropriation then a permanent
injunction can be issued.
• Due to the long lasting nature of TS, it is very difficult to
decide on the period of injunction.
• Apart from restricting using TS information, an injunction
may be issued by the court to defendant to surrender or to
demolish TS information.
• Sometimes courts accept the inevitable
disclosure doctrine in which they issue
injunctions to avoid the disclosure of TSI of
the previous employer to the new employer.
• Courts acknowledge the inescapable exposure
principle orders to keep away from the
divulgence (known) of competitive innovation
data of the past boss to the new boss by
forcing undertakings & working period to
them.