Italy and Spain refused to participate o Still patent holders are often forced

Italy and spain refused to participate o still patent

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Italy and Spain refused to participate o Still patent holders are often forced to litigate and file in many nations Trade Secrets o Coca Cola has held secret the formula for Coke for over 100 years—a patent would not provide such lengthy protection o Most trade secret lawsuits are common law actions of stealing and using secrets o Prosecutors can also press criminal charges o Protection in other countries is difficult o Information is a trade secret if: It is not known by competition Business would lose advantage if competition were to obtain it Owner has taken reasonable steps to protect the secret from disclosure Bohnsack v Varco, LP o Facts Bohnsack is an engineer He invented the “Pit Bull” machine to make more efficient the process of cleaning drilling fluids used in drilling oil wells Varco is a company that cleans drilling fluids Secrecy Agreement : negotiated over the possibility that Varco would manufacture Pit Bull Talks fell apart Varco’s lawyer had filed a patent application for Pit bull, claiming Varco invented it Bohnsack sued Varco Jury awarded $600,000 for misappropriation of trade secrets Elemetns of misappropriation of trade secrets:
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o 1. Existence of a trade secret o 2. Breach of a confidential relationship or improper discovery of trade secret o 3. Use of trade secret o 4. Damages Vacro said it did not “use” trade secret Restatement test used by the court: Any exploitation of trade secret is likely to result in injury to trade secret owner or enrichment to the defendant is a “use” o Use is broadly defined Vacro exploited Bohnsack’s idea for the Pit Bull—would likely to result in injury to Bohnsack Filing a patent application by Vacro would lower the market value of Bohnsack’s invention Also making it less likely that Bohnsack would sell his invention to Vacro’s competitors would enrich Varco No precise damages are necessary—final terms of Vacro- Bohnsack agreement to prove value of Pit Bull Judgment Affirmed: Misappropriation of trade secrets by Vacro Economic Espionage o Usually trade secrets based on common law and enforced by litigation claiming misappropriation; violations of a secret; or violation of secrecy agreement o Economic Espionage Act of 1996 concerns theft of commercial trade secret Whoever, with intent to convert a trade secret, that is related to or included in a product that is produced for or placed in interstate or foreign commerce to the economic benefit of anyone other than the owner thereof, and intending or knowing that the offense will injure any owner of that trade secret,” is subject to prosecution o Punishment for a person can be up to 10 years in prison o Firms may face fines up to $5 million United States v Yang o Facts Lee, native of Taiwan; worked in research for Avery (adhesive manufacturer) Lee visited Taiwan; approached by Yang and his daughter about
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