Uniform Trade Secret Case

For example, Coca-Cola’s soda recipe is considered a trade secret. However, the proof of their achievement can be derived by the taste of their product, It is the most popular brand of soda globally. However, In this case of Theranos, their use of the phrase “trade secret” seems more like a way around having to explain a product or service that doesn’t work in their stated term. Regardless of being unwilling, or perhaps unable, to explain how the Theranos’ technology worked, Holmes was able to convince Celgene Corp. and numerous other companies into contracting with her – therefore boosting Theranos into profitability. In 2015, Theranos was valued at 9 billion

Massachusetts courts have enforced non-compete contractual agreements where necessary to protect trade secrets, confidential data, or the employer’s good will. In doing so, the courts balance the reasonable needs of the former employer against concern for the right of the employee to earn a living. They also take into consideration the public’s interest in not enforcing these agreements if they interfere with ordinary, healthy competition.

The case of Trade Secrets misappropriation was a case between Best Buy and a company

On remand, the district court determined that the discovery rule exception did not apply and that Computer Associates’ action for misappropriation of trade secrets was barred by section 16.003 (a) of the Texas Civil Practice and Remedies Code. Subsequently, the United States Court of Appeals certified the questions to the Supreme Court. The issues were, whether the discovery rule exception to § 16.003 (a) apply; and if not, whether § 16.003 (a) violated the “open courts” provision of Texas Constitution. Case Reasoning and

On August 15, 2016 there was information released regarding the decision of a federal judge that stated, “a federal judge ordered Michael Nettles to discontinue working at the Louisville-based pizza chain, also requiring Nettles to pay a $200,000 security bond” (“Recently Discovered Cases”, 2016). This case was pretty clear in how it was going to be decided and I agree with how the federal judge went about it. Michael was working a high executive position making decent money, we can assume. Therefore, his decision making is irrational to say the least, after being directly instructed by his former CEO to seek employment elsewhere, and personally signing a document stating that employment by any competition was prohibited, leads me to believe he did not fully consider the consequences for his action. Misappropriation of Trade Secrets is not something taken lightly in the court room as you can see from this

The World Intellectual Property Organization (n.d.) helps one understand the importance of protecting intellectual property. They have spelled out several reasons of this importance including inventing new works in technology and culture, which allows progress to be made that, can be utilized worldwide. In addition, the legal protection of intellectual property encourages the commitment of additional resources for further modernization. Finally, promoting and protecting intellectual property encourages economic growth. It creates new jobs and industries. Protecting intellectual property also enhances the quality and

In today’s society crime occurs everyday across all aspects of life. One particular crime is that of white collar and corporate level crime. It is important that we as a society study this type of crime in depth because many individuals believe that white collar and corporate level crimes are victimless crimes when in reality they have the potential to destroy major corporations and economies all with one single case. The news or media rarely talk about this type of crime because it is often difficult to understand and individuals typically lack interest in these types of cases. One particular case is that of Jordan Belfort. Dubbed the infamous “Wolf of Wall Street” Jordan Belfort is a former stockbroker who robbed investors of over $200 million dollars to create his wealth through “pump and dump” schemes, insider trading, money laundering securities fraud, and stock-market manipulation. As an attempt to further understand these complex cases I will break down Belfort’s case as far as the methods and means as to how he got started, his use of “pump and dump” schemes and other means as to how he acquired his wealth. In addition to this I will discuss the sanctions and disciplinary action that Jordan Belfort was given, how the case affected society and what new regulations were

Use the process detailed in the Ivy Case System to answer this question. You have opened a consulting firm. A potential client meets with you about their products. First, they have developed a chemical that causes phone books and things like them to decompose at twice the normal rate. They want to know what the potential market for this product is and what they should charge for it. They have a patent and the chemical costs about $2 a gallon. They are still testing the chemical but it seems to break down in a few weeks and is not dangerous to the environment.

“steals, or without authorization takes, carries away, or by deception obtains a trade secret without authorization copies, downloads, uploads, alters, destroys, transmits, or conveys a trade secret, receives, buys, or possesses a trade secret, knowing that the trade secret has been stolen or obtained wrongfully attempts to do any of the aforementioned activities , attempts to commit economic espionage are punishable under the same penalties. The EEA is particularly severe with people or corporations who steal trade secrets in order to benefit foreign countries or foreign agents” (LaMance).

Intellectual property rights will remain a part of international trade agreements in the future, but the global activity will likely be characterized by varying standards and improved enforcement, reflecting evolution in social, cultural and political attitudes, and a deeper understanding of the relationships among innovation, creation and the more efficient distribution of intellectual property. Increased cooperation might occur at the governance level. Many of the fast and unprecedented changes in intellectual property law and policy over the past two decades are due to their intersection with international trade and the numerous international trade agreements negotiated and brought into force

The word ‘racketeering’ commonly brings up the image of Al Capone and John Gotti. The mafia seemingly coined this phrase in their dealings with illegal organized crimes. The emergence of new technologies and the internet, racketeering has become synonymous with the phrase cybercrime. Cybercrime refers to “crimes in which the perpetrator uses their distinct skills with computer technology” to commit unlawful acts via cyberspace (Holt, Bossler and Spellar, 2105, p. 9). Racketeering is defined as the “act of offering of a dishonest service [a "racket"] to solve a problem that wouldn 't otherwise exist without the enterprise offering the service” (Investopedia, 2010). Combine the two and there is potential to have catastrophic consequences for both the victim and perpetrator. The case of David Camez is one in which $50 million dollars’ worth of financial fraud was committed using the internet. Combined with racketeering efforts, his case made headlines due to its influence on how the Justice Department now looks at racketeering acts.

Intellectual property (IP) is defined as property that is developed through an intellectual and creative processes. Intellectual property falls under the category of property known as intangible rights, which includes patents (inventions of processes, machines, manufactures, and compositions of matter), copyrights (original artistic and literary works of), trademarks (commercial symbols), and trade secrets ((product formulas, patterns, designs). Intellectual property rights has a significant value to both individuals and businesses, providing in the case of large companies, over one half of their value on return. Since intellectual property rights are so important to the U.S. economy and its citizens, federal and state law provides

Peter Drahos explains that "States realized that patent systems could be used to cloak protectionist strategies. There were also reputational advantages for states to be seen to be sticking to intellectual property systems. One could attend the various revisions of the Paris and Berne conventions, participate in the cosmopolitan moral dialogue about the need to protect the fruits of authorial labor and inventive genius...knowing all the while that one's domestic intellectual property system was a handy protectionist weapon." .  Information Feudalism: Who Owns the Knowledge Economy?. London: Earthscan. 2002. p. 36.

The ‘Recommendations at the Multilateral Level’ of the Expert Meeting on Systems and National Experiences for Protecting Traditional Knowledge, Innovations and Practices, held in UNCTAD from 30 October to I November, 2000, noted that ‘exclusions from patentability of TK based products in one country, for instance, would not exclude others from granting it a patent’.

However, if their Intellectual properties are not being safeguarded, it will result in them to lose their motivation, reputation and income.