In the era of knowledge economy, intellectual property rights become an indispensable weapon for enterprises, including trade secret. According to Ocean Tomo, the proportion of intangible assets of the top 500 enterprises in the United States accounts for 87% of the value of enterprises, Its importance can not be ignored, how to effectively manage the business secret has become a major issue. Through the empirical research and qualitative research, combined with the litigation analysis and management methods, this study puts forward the management flow chart of the trade secret, and helps the enterprises to establish a perfect business secret protection mechanism and reduce the leakage of business secrets.
The objectives of this study include: (1) to conduct empirical research on the verdict, to understand the actual situation of trade secret litigation cases, (2) to analyze the outcome of the verdict to discuss the litigation dispute and judgment criteria, (3) through verdict reading and relevant literature reading to propose a new management flow chart of the trade secret (4) the new management flow chart will be applied to different trade secret object, according to the different object to give appropriate management recommendations.
The results of this study found that the rate of winning suit is very low. Whether the three elements of trade secret law are recognized by court, having a high correlation with the outcome of litigation. Further analysis of the court's interpretations can find out the judgment criteria, and provide business reference to enhance the predictability of litigation results. By developing a new management flow chart of trade secret, to provide enterprises a trade secret protection reference, so that business protection of business secrets more perfect.
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2. Halligan, R. Mark & Weyand, Richard F. (2016). Trade Secret Asset Management 2016: A Guide To Information Asset Management Including The Defend Trade Secrets Act Of 2016. Weyand Associates, Inc.
1. Bodemer v. Swanel Beverage, Inc., 884 F. Supp. 2d 717 (N.D. Ind. 2012).
2. Starwood Hotels & Resorts Worldwide, Inc. v. Hilton Hotels Corp. et al., No. 09-cv- 03862 S.D.N.Y. (2010).
3. U.S. v. Aleynikov, 676 F.3d 71, 102 U.S.P.Q.2d 1458 (2012).
4. U.S. v. Agrawal, 726 F.3d 235 (2013).