Confidentiality agreement (conclude) See confidentiality agreement. A non-exclusive license grants the licensee a license for the use of the IP, but the licensee is free to use the IP and provide licenses to whom he wants. As a result, many parties may hold licenses for the same IP address at the same time. Finally, the misuse of trade secrets is reprehensible if the secrets have been improperly acquired, when a business secret that has been improperly acquired is either used, disclosed or where a person violates a duty of confidentiality. A trade secret is improperly acquired if it has been obtained by theft, corruption, misrepresentation, violation or incitement to a breach of a duty of confidentiality or by espionage, including by electronic espionage. Corrective action to be taken in the event of the embezzlement of trade secrets includes real and punitive damages, profits, reasonable royalties and injunctions. Appropriate means of acquiring a trade secret (which do not support a right of diversion) include independent discoveries, reverse engineering, chemical analyses or discoveries arising from the observation of what can be made public. The general opinion is that the protection of trade secrets cannot coexist with patent protection because of the best fashion and activation requirements. This is also a serious illusion. These requirements apply only at the time of application, only for the knowledge of the inventors and only for the claimed invention. Artificial manufacture of diamonds for industrial purposes was a very big deal for GE, and they had the best proprietary technology for making these diamonds. GE patented much of its technology, and when the patents expired, much of the technology was in the specialized literature and in the public domain.
But GE has also kept some inventions and developments secret. The Soviet Union and a country in the Far East were very keen to get licenses for this technology, but GE refused to grant the license to anyone. After they did not end with GE, the interests of the Far East seized on industrial espionage. A trusted fast track star at GE, a national of that country, has been attracted by millions of dollars to raise valuable trade secrets. The employee was eventually arrested, tried and imprisoned. A written agreement is the safest way to keep it a secret and the best way to make a deal. It should have provisions that define precisely the field of technology, establish a confidential legal relationship between the parties, provide proprietary information only for specific purposes, require the recipient to keep the information confidential, and provide exceptions to confidentiality obligations. The latter may contain information that is already publicly available, information that will be made public later, with the exception of the recipient`s fault, information that is already known to the recipient or which will then be held by the recipient through a third party that has no obligation to the owner. It is very important that the written agreement limits the duration of the duty of confidentiality. To emphasize once again, patents and trade secrets are not mutually exclusive, but complement each other to a large extent and reinforce each other. For this reason, the U.S.
Supreme Court has recognized trade secrets as a viable alternative to patents: “Extending the protection of trade secrecy to patentable inventions does not run counter to the patent disclosure policy.” 27 It is interesting to note that Marshall J.A., in his concurring opinion in Kewanee Oil28, was “convinced” that “when patent laws were passed, Congress simply intended to offer inventors a limited monopoly [sic] in exchange for the disclosure of their inventions, instead of pressuring inventors to do so by removing any other recourse.” It is therefore clear that patents and trade secrets