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Trade secrets in life science and pharmaceutical companies
#MMPMID25414378
Nealey T
; Daignault RM
; Cai Y
Cold Spring Harb Perspect Med
2014[Nov]; 5
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Trade secret protection arises under state common law and state statutes. In
general, a trade secret is information that is not generally known to the public
and is maintained as a secret, and it provides a competitive advantage or
economic benefit to the trade secret holder. Trade secrets can be worth tens or
hundreds of millions of dollars, and damage awards in trade secret litigation
have been high; often, there is a lot at stake. Obtaining a trade secret through
"improper means" is misappropriation. If the alleged trade secret, however, was
developed independently, known publicly, or not maintained as a secret, then
those defenses may successfully overcome a claim for trade secret
misappropriation. With today's interconnectedness in the biotechnology and
pharmaceutical fields, more collaborations, joint ventures, and outsourcing
arrangements among firms, and increased mobility of employees' careers, life
science companies need to not only understand how to protect their trade secrets,
but also know how to defend against a claim for trade secret theft.
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