According to Civil Code Section 3426.1(b)(1) under California law, “misappropriation ” refers to the acquisition of a trade secret by а person who knows or has reason to know that the trade secret was acquired by improper means, such as bribery, theft, misrepresentation, breach or inducement of a breach of duty to maintain secrecy.
According to Civil Code Section 3426.1(b)(2) misappropriation also includes the disclosure or use of a trade secret without consent by a person who used improper means to acquire knowledge of the trade secret.
According to CACI 4401 to establish the claim of trade misappropriation the plaintiff must be able to establish all five elements:
According to CACI 4402 each of the following elements must be present in a “trade secret”:
California Labor Code Section 2860 expressly establish that the employer owns trade secrets created by an employee. Though, an employer wouldn’t own trade secrets created on an employee’s personal time without the use of employer’s materials.
A plaintiff must bring an action for misappropriation within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered.
In case of a successful claim trade secret owners are entitled to:
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