The point of this blog is to capture my own class notes during my tenure as a law student. Everything on here is my own work and reflects the knowledge and understanding of the law I possessed at the time. This work is licensed under a Creative Commons Attribution-Noncommercial 3.0 License. Please do not rely on this blog for legal advice. Consult an attorney for proper legal counseling.

April 30, 2008

Trade Secrets: negative know-how
Related Articles:

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Question: does trade secret law protect knowing, for example, something does not work? ("Negative know-how.")

Answers:

  • Old Restatement of Torts: NO, but can sometimes recraft negative into a positive statement of knowledge
  • UTSA & Modern Restatement of Torts: YES, although tricky re: personal knowledge of a person who leaves company--the law is unclear on this in regards to negative know-how.