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Old 02-13-2020, 03:49 PM   #1
Tech1
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Default Working for a competitor

I am in IT in California and have developed and managed the development of several processes that make the company I work for successful. The process's are unique to the business but not anything that a qualified person could not come up with if they understood the data and output requirements. Are these trade secrets? Is there any way I can use my knowledge and stay in the same industry?
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Old 02-13-2020, 04:22 PM   #2
AFFA
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Default Re: Working for a competitor

I wish to inform you that a particular information may be regarded as business secret when that information may affect your business. You may therefore regard information as common information and not trade secret. You may further inform other party that after termination of your employment agreement you may not be restricted from working with rival of your employer.

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Old 02-14-2020, 12:49 AM   #3
Lexus
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Default Re: Working for a competitor

There are three basic requirements for any information to be considered a trade secret and thus be legally protected:

The information must be secret or shared in a context of confidentiality;
The information must have commercial value by virtue of being secret;
The owner of the information should have made reasonable efforts under the relevant circumstances to keep the information secret.

A trade secret may be any type of information such as formulae, devices, patterns, financial information, business plans, client lists, unannounced products and so on that an enterprise considers to be valuable and offers it an advantage over its competitors.
Since the IT field is changing so rapidly, and the fact that trade secrets can be independently discovered by others, enterprises are advised not to rely only on their existing trade secrets but to make continuous efforts to develop new trade secrets in order to remain competitive. In addition, this will be helpful in case of unwanted disclosure because the enterprises would be able to rely on a newer and better product or plan.

FYI: - An employer will own the intellectual property created by its employees in the course of their employment. However, intellectual property that is created by an employee, other than in the course of employment, is owned by the employee, not the employer. Your knowledge and skills may be used as an advantage over competitors or provides value to customers.
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Old 02-15-2020, 12:39 AM   #4
Tech1
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Default Re: Working for a competitor

Quote:
Originally Posted by AFFA View Post
I wish to inform you that a particular information may be regarded as business secret when that information may affect your business. You may therefore regard information as common information and not trade secret.
I am confused. These two statements seem to contradict each other?
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Old 02-15-2020, 09:18 PM   #5
Highwayman
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Default Re: Working for a competitor

Quote:
Originally Posted by Tech1 View Post
I am confused. These two statements seem to contradict each other?
Yeah, these two (AFFA and Lexus) often don't know what they're talking about.

You want to play it safe? Sit down for a consultation with an attorney.
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