AND is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use.OR The defendant intended to appropriate a trade secret to his or her own use or to the use of another.Ī “trade secret” is defined as information, including a formula, pattern, compilation, program, device, method, technique, or process that:.AND the defendant intended to deprive or withhold the control of a trade secret from its owner.OR the defendant obtained access to an article through a relationship of trust and confidence and, without authority and in breach of the obligations created by that relationship, made or caused to be made, directly from and in the presence of the article, a copy of the article representing a trade secret.OR the defendant unlawfully obtained access to an article and, without authority, made or caused to be made a copy of an article representing a trade secret.OR the defendant fraudulently appropriated an article representing a trade secret entrusted to him or her.The defendant stole, took, carried away, or used without authorization, a trade secret.In order to prove that a defendant is guilty of stealing trade secrets, a prosecutor must be able to establish the following: As a result, theft of trade secrets is a serious felony offense under California Penal Code Section 499c PC that can result in lengthy prison sentences for those convicted. ![]() Exposure of these secrets could ultimately destroy many successful companies, especially those in high-tech markets. ![]() ![]() Many businesses and corporations rely on the ability to maintain trade secrets in order to keep their competitive edge in the market.
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