Thursday, August 8, 2019
Trade Secret Case Study Essay Example | Topics and Well Written Essays - 500 words
Trade Secret Case Study - Essay Example Millerââ¬â¢s employer based on the law has the right to sue him and obtain an injunction because of exposing his clientsââ¬â¢ information to other parties (Battersby & Grimes, 2013). This is evident in the manner Miller keeps clientsââ¬â¢ files not indicating they are confidential. Therefore, Miller has no legal backing to either claim or sue anybody of intruding ââ¬Å"his customersââ¬â¢ listsâ⬠. Since, he stole them from his former employer and it is unethical to use them in his second place of employment. Therefore, the courtââ¬â¢s verdict in this case would hold Taborsky accountable for having infringed the sponsoring institutionââ¬â¢s trade secret rights (Stim, 2010). This is because what he did was just an extension of what the institution sponsored and even utilized pricy resources to have the entire project come to a completion (Stim, 2010). Taborsky has infringed Florida Progressââ¬â¢ trade secrets by taking the entire researchââ¬â¢s idea to advance what has caused the contracting party expensive resources. Taborskyââ¬â¢s claims do not have any backing evidence because if it were not for that research, he would not have an idea of making similar product (Stim, 2010). Based on the IP law, trade secrets belong to the corporation/company but not employees, contractors or investors who are contracting with the institution for a specified duration (Battersby & Grimes, 2013). Therefore, in ensuring patient list qualifies to be a trade secret the owner ought to have prepared a deal with the physicians before the commencement of their contract. This is concerning handling and keeping of patient lists and penalties involved suppose there was an infringement of trade secretsââ¬â¢ law (Battersby & Grimes, 2013). However, the Pollackââ¬â¢s case does not relay this but cites how he mobilized costly resources to compile patient list. Therefore, doctors in this case did not steal his trade secrets
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