|
Trade Secret Definition
Proprietary data is in the Corporate, Commercial, & General Law subject.
Unfair Competition:
Unjust & often illegal attempt to gain unfair competitive advantage through false / fraudulent /unethical commercial conduct. Examples include below-cost selling, counterfeiting or imitation, dumping, misleading advertising, rumor mongering, trademark or trade secret infringement. Unfair competition is in the Advertising, Marketing, Selling, Banking, Commerce, Finance, Corporate, Commercial, & General Law and Economics, Politics, Society subjects.
Proprietary:
Characteristic of / relating to a proprietor. Made, offered, or sold only under the exclusive rights of the property ownership governed by copyright, patent, and trade secret laws of a manufacturer, offer / seller. Proprietary items usually have distinctive characteristics or features, and are often incompatible with competing items. Proprietary is in the Corporate, Commercial, & General Law subject.
Know How:
Expert skill, information, or body of knowledge that (1) imparts an ability to cause a desired result, (2) is not readily available, and is (3) outside the public domain. Know how may include tangible material (such as blueprints, formulas, instructions, patterns, specifications, and trade-secrets) or intangibles (such as manufacturing practices, marketing concepts, quality control, and testing techniques) which are not common knowledge. In technology transfer agreements, know how is the most valuable factor and may have an indefinite enforceable life. In legal terms, it may be defined as "any industrial information and technique likely to assist in the manufacture or processing of goods or materials." In the recent years, know how has come to be recognized as a factor of production in its own right, distinct from labor. Know how is in the Information & Knowledge Management subject.
Intellectual property:
Documented or undocumented knowledge, creative ideas, or expressions of human mind that have commercial (monetary) value and are protectable under copyright, patent, servicemark, trademark, or trade secret laws from imitation, infringement, and dilution. Intellectual property includes brand names, discoveries, formulas, and inventions, know how, registered designs, software, and works of artistic, literary, or musical nature. It is one of the most readily tradable properties on the Internet (digital) marketplace. Intellectual property is in the Corporate, Commercial & General Law and Information & Knowledge Management subjects.
Proprietary information:
Information that's not a public knowledge (such as test results or trade secrets) conveyed by a manufacturer to an external party, due to its position in the procurement process. The recipient is generally duty bound to desist from making unauthorized use of the proprietary information. Proprietary information is in the Corporate, Commercial & General Law subject.
Proprietary data:
Internally generated data or documents that contain technical or other types of information controlled by a firm to safeguard its competitive edge. Proprietary data may be protected under copyright, patent, or trade secret laws. See also proprietary know how.
Restraint of trade:
Legal contract between a buyer and a seller of a business, or between an employer and employee, that prevents the seller or employee from engaging in a similar business within a specified geographical area and within a specified period. It intends to protect trade secrets or proprietary information but is enforceable only if it is reasonable with reference to the party against whom it is made, and is not contrary to the public policy. Illegal contract that in any way colludes to damage another's opportunity or ability to carry out a business.
|