1 Trade Secret Law at EssayPedia.com
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A Trade Secret as defined by the Uniform Trade Secret Act (UTSA) could be a formula, a process, a device, or item of information used by a business that has economic value because it is not generally known or easily discovered by observation or examination and for which reasonable efforts to maintain secrecy have been made. The following types of information have previously been found to qualify as proper trade secret subject matter: 1. Customer lists 2. Chemical processes and formulas 3. Algorithms and processes that are implemented in computer programs and the programs themselves 4. Designs, drawings, architectural plans and blueprints 5. Data compilations, business plans and methods of doing business 6. Manufacturing or repair processes and techniques. The points in favor of Markham's claims of Trade secrets are: 1. Since 1959, Markham had employed and trained many employees in its Advanced Materials Division to be experts in the Chemical Vapor Deposition manufacturing technique and in 1980 was the only company with a staff of seven members capable of producing ZnSe and ZnS by the CVD process. 2. Over this extended research period, Markham had developed what it claimed as unique and sophisticated methods and equipment for the production of ZnSe and ZnS by the CVD process. Some of these developments are as listed below • The Passivation Gas Mixture (gaseous mixture of 97% nitrogen and 3% oxygen which was used to stabilize zinc dust before scrubbing out the discharge lined from the furnace) the discovery of which was prompted by the three fires and two explosions that occurred in the plant. • Alumina Insert Hydrogen Sulfide Injector which prevented the corrosion of the stainless steel mixing chamber. The positioning of the Alumina insert was critical because corrosion would make it impossible to complete the long furnace phase of the CVD process. • Hexagonal Graphite Nut placed inside the sulfide injector assembly...
pages: 3 (words: 742)
comments: 0
added: 02/04/2012
Economic Consequences of Software Crime In 1996 worldwide illegal copying of domestic and international software cost $15.2 billion to the software industry, with a loss of $5.1 billion in the North America alone. Some sources put the total up-to-date losses, due to software crime, as high as $4.7 trillion. On the next page is a regional breakdown of software piracy losses for 1994. Estimates show that over 40 percent of North American software company revenues are generated overseas, yet nearly 85 percent of the software industry's piracy losses occurred outside of North America. The Software Publishers Association (SPA) indicated that approximately 35 percent of the business software in the North America was obtained illegally. In fact, 30 percent of the piracy occurs in corporate settings. In a corporate setting or business, every computer must have its own set of original software and the appropriate number of manuals. It is illegal for a corporation or business to purchase a single set of original s! oftware and then load that software onto more than one computer, or lend, copy or distribute software for any reason without the prior written consent of the software manufacturer. Many software managers are concerned with the legal compliance, along with asset management and costs to their organizations. Many firms involve their legal departments and human resources in regards to software distribution and licensing. Information can qualify to be property in two ways; patent law and copyright laws which are creations of federal statutes, which are subject to Constitutional authority. In order for the government to prosecute the unauthorized copying of computerized information as theft, it must first rely on other theories of information-as-property. Trade secret laws are created by provincial law, and most jurisdictions have laws that criminalize the violations of a trade-secret holder's rights. The definition...
pages: 15 (words: 3869)
comments: 0
added: 12/24/2011
To what extent should employers monitor employees in the workplace? Is monitoring of employees a result in decreasing productivity and lowering moral? Does employee monitoring violate employees right to privacy? Employers should not monitor employees. Monitoring of employees constricts employees and allows them no freedom and they feel trapped, as if the employer doesn't trust them. Productivity from the employees will steadily decrease from the fear that everything an employee does is being monitored. Employers that are contantly looking over their employees shoulders makes the employees feel as if "Big Brother" is watching at all times. Computer Monitoring is most often intended to improve efficiency and effectiveness in the workplace, but with good intentions comes the opportunity for abuse by employers and employees alike. An example of both can be found in an article taken from The Futurist. Kristen Bell De Tienne's "Big Brother or Friendly Giant: Computer Monitoring in the 21st Century" is what the future may hold for people choosing to enter the technological field such as commerce, medicine and science. As Computer Monitoring increases there is a concern for the effects it may have in the workplace. According to DeTienne, "By the end of the decade, as many as 30 million people may constantly be monitored in their jobs." As computer systems become more sophisticated this number will drastically increase. Entering this age of technology we must remember that with more power comes more responsibility by employers and employees. Knowledge can be used as a weapon or as a tool, for instance monitoring abuse can be found in the situation of airline agents. The agents discovered that by keeping customers on hold while finishing their work they could gain an extra five minute break. In the future these evasions of work will be stopped and for this reason...
pages: 13 (words: 3314)
comments: 0
added: 02/11/2012
1.8 Information technology enables organizations to easily collect large amounts of information about employees. Discuss the following issues: a. To what extent should management monitor employees' e-mail? Management should monitor employees' e-mail by using software that inspects every message sent via the company's system for inappropriate words or phrases. This software can be programmed to include special words that may track e-mails containing other non-job related transmissions, including trade secrets or job hunt requests. Although this aspect of monitoring may be troublesome to employees, there are valid reasons for employers to engage in the practice. Most notably, companies may be held liable for the actions of employees who send or view pornographic, defamatory, racially insensitive, sexually suggestive or criminally threatening materials. From a simple liability standpoint, companies must monitor their employees. However, most privacy advocates have argued that employees must be given notice that such monitoring will occur. To that end, Congress is considering legislation that would require employers to notify employees, clearly and conspicuously, if their e-mail communications or computer usage will be monitored. b. To what extent should management monitor which Web sites are visited by employees? A suitable tool that records the Web address of sites visited by an employee, the amount of time spent surfing the Web, bandwidth used and the type of sites visited should be used by management. Usually, this tool can be programmed to send alerts to the system administrator when sites that are off-limits to employees have been accessed. Because studies show that most Internet usage occurs while people are at the office, it is reasonable to conclude that much of that fear manifests itself while people are on the job. Surfing the Web is part of most employees' daily routine. The fear generated from such concerns is thus bound to have a negative effect on productivity. c. To what...
pages: 3 (words: 611)
comments: 0
added: 02/04/2012
Should companies be allowed to use hidden cameras and other secret devices to monitor employees at work? This question is a big issue for companies today. Companies wish to protect their assets from employee theft and also assure themselves that employees are working;, not wasting valuable company time. Companies are also videotaping employees to prove that, in some cases, employees were not injured at work, which would save them thousands of dollars in workers compensation cases. Some companies also monitor employee's conversations and e-mails; they wish to know what employees are discussing among themselves and with other people. Employers also monitor the Internet viewing that their employees are doing, they want to determine if what their employees are looking at is work related. Some employers feel that by videotaping employees secretly they can determine if employees are giving good service to customers. A few employers have gone as far as to install cameras in bathrooms and locker rooms. Employees feel that hidden cameras and other secret devices are an infringement of their privacy. Should companies trust their employees to work hard and be honest? Should employees be trusted to take good care of customers? Does secretly monitoring employees reduce employee morale to a dangerously low point when they find out they are being taped? Protecting assets from employee theft is a bigger problem for employers than protecting them from customers. Even though shoplifters cost companies around two billion dollars a year, employee theft costs companies even more. Employees know the location of company merchandise and when other employees will be in the areas where high-priced items are. This enables employees to have a much greater advantage than shoplifters in stealing merchandise. In some retail situations, employees will sell high-priced goods to their friends for low prices. Employees have also collected refunds...
pages: 6 (words: 1507)
comments: 0
added: 01/03/2012
As Guatemalans we have the faculty to enjoy certain rights the law establishes, but in a world that grows constantly because of globalization and technology, it's not enough to protect ourselves with human and property rights. Each day, more and more, we are in need to look out for everything that belongs to us, including our business's our ideas, our creations, and our inventions among others. "The economist experience illustrates that there's no sense in moving from physical to intellectual property". Both are so important because they belong to men and are part of their creation, this is why it's so important not to treat intellectual rights as something less important than property rights. Because of this need to protect intellectual property is that Patents, Copyrights, Trademarks, and Trade Secrets have been created. All four are of great importance since they try to embrace whichever type of invention there could be, which go from the creation of an idea, to its expression and its secret formula. In our country, the same legal system recognizes and protects the freedom of commerce and industry rights, just as inventor's rights, and ascends them to a constitutional level, consecrating them in our Magna Carta as inherent rights to the human person, which guarantees exclusiveness in the property of their creations. Besides, as a member of the World Commerce Organization, Guatemala is obliged to see that everything related with industrial property fulfills the protection standards established worldwide. For that, it requires essential normative bases to look out for an adequate shelter for these rights, for which it needs a system that responds to the resulting changes of industrial development. That is why the Intellectual Property Registry is created. This registry, before known as Industrial Property Registry, is a branch of the Ministry of Economics. In it, the...
pages: 6 (words: 1571)
comments: 0
added: 01/19/2012
Summary · Introduction page 2 · Intellectual Property And Public Health page 3 · Stake For The Pharmaceutical Laboratories (Companies) page 9 · Environment and Politics page 9 · The Ethical Dilemma page 10 · Is There A Solution page 13 · Source, References and Interesting Related Readings page 14 Introduction The problem regarding the sales of essentials drugs in developing countries is a very vast and a very complex issue, interacting with human rights and intellectual property, localization differences, for instance over the different issue, the north of Africa is treated differently than the south, some developed countries support some developing countries and not others,…. I did not know anything about that topic before that, so first part of my work here has been to found out, collect, read, analyze, all the information I have mostly found on the internet to explore this issue. I will focus on giving an overall overview of that tremendous issue and the ethical dilemma generated thru these different commercial agreement and intellectual property rights. A lot of African medical web site are dealing this tremendous problem in these countries. After having explained in short the recent agreement conclude with the WTO last August 30th, 2003, I'll focus on the different Intellectual Property And Public Health The intellectual property is the key issue in that problem. Once a laboratory discover a molecule potentially efficient, it patent it. From the date of the patent, the company (laboratory) has 20 years to exploit, produce and market its drug, before the patent is getting public and thus give the possibility for different laboratories the rights to copy, produce and sale it as a generic drug. The average price of a generic drug is about 30% less than the original (up to 50% in some cases). The main organization regulating these different agreement, are the world trade Organization (WTO) and in some case...
pages: 13 (words: 3327)
comments: 0
added: 12/24/2011
A Contract is a legally enforceable agreement provided the following elements are present: 1. Purpose 2. Agreement 3. Legal Capacity 4. Act (Promise to Perform) 5. Consideration 6. Execution in proper form The employment contract signed by Donadio and Connolly contained the following clauses to which they agreed when they voluntarily signed the contract. • "Subject Invention" is any invention, improvement or discovery of the Employee and which arises out of business activities at Markham. "Proprietary Information" is any secret or private information concerning Markham's design, manufacture, use, purchase or sale of materials and products. • All Subject Inventions and Proprietary Information shall remain the sole and exclusive property of Markham. • Employee has to execute all documents requested by Markham for vesting in Markham the entire right, title and interest to all Subject Inventions and Proprietary Information. This obligation did not expire with the termination of employment and the employee would be reasonably compensated for performance of acts after termination. • All documents, records, models, prototypes of Subject Invention and Proprietary Information shall be the sole property of Markham and shall be surrendered to Markham upon termination. • An employee during his employment or thereafter will not divulge or use for his own benefit or that of another's any Proprietary Information. Unless authorized in writing by an officer of Markham or if the Proprietary Information has passed into public domain other that as a consequence of the Employees own acts. Donadio and Connolly's defences: Donadio and Connolly's lawyers claimed that firstly the contract did not have a non-compete clause in it which allowed Donadio and Connolly to quit their job's with Markham and start their own firm in this case CVD Incorporated. It was also their contention that since their employment contract with Markham did not allow for them to use their general knowledge, skills and experience acquired at Markham, the contract should be...
pages: 3 (words: 670)
comments: 0
added: 01/03/2012
Introduction The Internet is an indispensable tool for employees, giving ready access to invaluable information. On the other hand, distractions loom large for employees given unfettered access to the Internet. The reality of the situation is that the Internet can consume a lot of work time by delivering anything a person wants to their desktop. This can lure employees into time-wasting surfing that leaves an organization with traffic congestion, decreased productivity and even potential legal issues. As a result the demand for monitoring and blocking tools to keep employees focused on their jobs has increased. Many corporations are taking a tough stance and blocking objectionable sites and or monitoring their employees Internet usage. The issue of Internet usage monitoring must be approached with caution as employee animosity could arise from feelings that the company is infringing on their personal rights. Privacy and personal rights in the workplace are some of the most troubling professional and personal issues of our time. The law does not offer much guidance in this arena and companies must look toward ethical analysis as a guide to decision making. The issue of monitoring employee's Internet access continues to generate legal disputes and case laws continue to evolve. One point that is clear is that businesses' have an interest in monitoring Internet access to reduce the risk from reduced productivity, legal liability, and confidential data loss. Employee Misuse of Internet According to a report by Elron Software about $1.05 billion, or 30% of the 3.5 billion corporations spend each year on Internet access is wasted on recreational surfing. It seems that access to the Internet has replaced the water cooler as the gathering spot of choice for employees. The pitfalls of a totally wired workforce are starting to become apparent to many companies. Managers are concerned about the possible lawsuits involving...
pages: 10 (words: 2737)
comments: 0
added: 02/01/2012
Object-Oriented Programming the desire for an easy transition from existing languages ABSTRACT Now it is clear that Object-Oriented Software Development is here to stay and is the preferred way to develop software. To be successful in the world of object-oriented programming (OOP) one has to unlearn quite a few of the habits acquired from the years of procedure-oriented programming and learn some new ways of looking at the problems. Object-oriented technology is the wave of today. Thus it is my intent in this paper to give a brief overview of object-oriented programming, discuss the concepts of abstraction, encapsulation and information hiding (as applied to OOP). This paper will also show the importance of OOP in software re-use and also try to distinguish between object-oriented languages and object-based languages. Keywords Encapsulation, object-oriented programming (OOP), abstraction, objects, classes. INTRODUCTON Object-Oriented Programming requires a thorough understanding of some fundamental paradigms, or concepts. Understanding these paradigms is essential to building a strong foundation in the OO software world. Any language that supports OOP must support these fundamental paradigms. In other words, learning a set of powerful paradigms that are supported by many languages like Smalltalk, C++, Java, etc. Learning the syntax of a language that supports OPP is not the same as learning the concepts of OOP. One might be good in C++ or Java without any knowledge whatsoever of the basic OOP paradigms. On the other hand, anyone who understands the fundamental concepts of OOP will be able to use those concepts effectively with any languages that support OOP and they should also know when to use a particular concept. So learning OOP concepts is just one milestone, but that is not the ultimate destination of any programmer/designer. One should be able to apply these concepts to problems in one's domain or area of expertise. Thus this paper tries to briefly...
pages: 12 (words: 3252)
comments: 0
added: 02/02/2012
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