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Unformatted text preview: ing intellectual property, it must show the
court why this file is so important to the company, what type of damage could be or has
been caused as a result of the file being shared, and, most important, what the company had done to protect that file. If the company did not secure the file and tell its
employees that they were not allowed to copy and share that file, then the company
will most likely lose the case. However, if the company went through many steps to ch10.indd
ch10.indd 860 12/4/2009 11:39:08 AM All-in-1 / CISSP All-in-One Exam Guide, 5th Ed. / Harris / 160217-8 Chapter 10: Legal, Regulations, Compliance, and Investigations 861
protect that file, explained to its employees that it was wrong to copy and share the information within the file, and that the punishment could be termination, then the
company could not be charged with falsely terminating an employee.
Intellectual property can be protected by several different laws, depending upon the
type of resource it is. Intellectual property is divided into two categories: industrial
property—such as inventions (patents), industrial designs, and trademarks—and copyright, which covers literary and artistic works. These topics are addressed in-depth later
in this chapter. Trade Secret
Trade secret law protects certain types of information or resources from unauthorized
use or disclosure. For a company to have its resource qualify as a trade secret, the resource must provide the company with some type of competitive value or advantage. A
trade secret can be protected by law if developing it requires special skill, ingenuity,
and/or expenditure of money and effort. This means that a company cannot say the sky
is blue and call it a trade secret.
A trade secret is something that is proprietary to a company and important for its
survival and profitability. An example of a trade secret is the formula used for a soft
drink, such as Coke or Pepsi. The resource that is claimed to be a trade secret must be
confidential and protected with certain security precautions and actions. A trade secret
could also be a new form of mathematics, the source code of a pr...
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This note was uploaded on 06/01/2013 for the course NET 125 taught by Professor Hurst during the Fall '12 term at Wake Tech.
- Fall '12