Federal “Defend Trade Secrets Act of 2016” Enacted
With bilateral and bicameral support, the creation of a private cause of action for the misappropriation of trade secrets has seemed inevitable for some time. President Obama signed the bill…
Comparing Federal and North Carolina Trade Secret Protection
A new federal private cause of action to protect trade secrets appears imminent. Since North Carolina already allows private parties to bring a civil action to protect their trade secrets,…
Understanding the Federal Defense of Trade Secrets Act of 2015
As the Defense of Trade Secrets Act ("DTSA") makes its way through Congress with bilateral support and the endorsement of the President, it is worthwhile to examine the statute with…
Do I Have a Trade Secret?
A trade secret is business or technical information that is not generally known and not readily ascertainable through independent development or reverse engineering as long as the owner takes reasonable steps to protect the secrecy.
1. Does North Carolina protect trade secrets?
Yes. North Carolina has adopted an amended version of the Uniform Trade Secrets Act “(“UTSA”). The Trade Secrets Protection Act (NCTSPA) can be found at N.C. Gen. Statutes §§66-152 to 66-157. It was enacted in 1981.
2. How do I know if I have a protectable trade secret?
Under certain prescribed conditions, the following can be a protectable trade secret under the NCTSPA
- business or technical information, including but not limited to:
- a formula,
- a pattern,
- a program,
- a device,
- a compilation of information,
- a method,
- a technique, or
- a process.
In order to be protectable, however, the secret must derive independent actual or potential commercial value from not:
- being generally known or
- readily ascertainable through independent development or
- readily ascertainable through reverse engineering by persons who can obtain economic value from its disclosure or use; and
- is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Further, North Carolina courts will consider an additional six factors to assist in determining whether material constitutes a trade secret:
