Secrets, secrecy

Geheimnis, /. secret, secrecy, mystery, geheimnisvoll, a. mysterious, mystic, occult. Geheim-rat, m, privy councilor, -schrift, /. secret writing, code, cipher, -tinte, /. invisible ink. 

Table 20.1 provides an example of a Trade Secrets secrecy form that an employee could be asked to sign. 

Another form of misappropriation is the disclosure or use of a trade secret of another without consent, by a person who used "improper means" to acquire knowledge of the trade secret. "Improper means" generally include theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage. 

Answer this question only after you have completed the rest of the report. The specific identity of the toxic chemical being reported in Part III, Sections 1.2 and 1.3, may be designated as trade secret. If you are making a trade secret claim, mark yes" and proceed to Section 1.2. Only check "Yes" if it is your manufacturing, processing, or use of the chemical that is a trade secret. (See page 1 of these instructions for specific information on trade secrecy claims.) ff you checked "no," proceed to Section 1.3 do not answer Section 1.2. 

For a molder to control secrecy concerning proprietary information, the first approach is to keep it as a personal secret. If people have to be exposed to it, such as present or new employees, visitors, and customers since there exists a need to know, those people should sign a nondisclosure agreement. This agreement could set up problems since a person could already be familiar with the so-called secret. 

Trade secret protection is probably the weakest of all intellectual property rights. The US Uniform Trade Secret Act defines a trade secret as information, including a formula, pattern, compilation, program device, method, technique, or process, that (1) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy [33]. 

Another way to protect a competitive edge for a new product is to protect it by secrecy. The formula for Coca-Cola has been kept a secret for over 100 years. Potentially, there is no time limit on such protection. However, for the protection through secrecy to be viable, competitors must not be able to reproduce the product from chemical analysis. This is likely to be the case only for certain classes of specialty and food products for which the properties of... 

Farben s government contracts contained mutual pledges of secrecy. Farben pledged not to tell what was being produced. The government pledged that if they ran across trade secrets in inspecting the Farben producers at work, they would reveal them to no one. 

Q. I now turn to secrecy. I should begin with a remark of Judge Morris on the 3rd September 1947 "I don t think we are interested in the individual measures that were taken for keeping things secret." Therefore, I shall not ask Dr. ter Meer too much in detail., . . Dr. ter Meer, what did you have to do with this field ... 

Prepared under Von Knieriem, the Farben production contracts contained mutual pledges of secrecy between Farben and the Reich. Farben would not reveal what was being produced, and the Wehrmacht agreed not to disclose any secrets they might run across in the Farben plants. 

The trade secrets section of the PSM standard ensures that all contractors are given all the information relevant to operating in the plant safely. Some personnel may need to sign secrecy agreements before they receive this information. 

Only after the Paths have been walked do practitioners come to those secret paths of the Tree that have, until now, been veiled in secrecy. These are the Paths of Concealed Glory, sometimes called the Invisible Paths. They are so called because, until practitioners have grasped the First Matter, they are difficult to perceive. These so-called Secret Paths of the Tree are the multitudinous nadis or etheric channels that permeate the subtle bodies anatomy, described in yoga. The same concept is found in the meridians of acupuncture. Macrocosmically, they are the ley lines that unite centers of energy upon our planet and the beams of energy that join each star to every other star in existence. The secret paths are the threads, of the Web of Being. 

In discussions of trade secrets and associated agreements on confidentiality and secrecy, we can only try to forecast the future based on the record of the past, largely as expressed in court opinions, on the relationships that have grown up based upon what parties think is right, and on what the parties think a court would hold if a question were put to it. 

The 10 Commandments clearly and unequivocally state thou shall not kill. Most of the statutes on the point are remarkably longer. In most instances the real question for the court is not whether someone was killed but what admissible facts can be presented to establish that a particular individual is responsible. A great many trade secret problems involve differences of opinion as to what the facts are. If we are attempting to adjudicate the relative positions of parties in situations concerned with trade secrets and secrecy agreements, we are more apt to run into questions of differences of opinion over what is a trade secret... 

The subject of a trade secret must be secret, and must not be of public knowledge or of a general knowledge in the trade or business. B. F. Goodrich Co. v. Wohlgemuth, supra, 117 Ohio App., at 499. National Tube Co. v. Eastern Tube Co., 3 Ohio C.C.R. (n.s.) 459, 462 (Cir. Ct. 1902), aff d, 69 Ohio St. 560, 70 N.E. 1127 (1903). This necessary element of secrecy is not lost, however, if the holder of the trade secret reveals the trade secret to another in confidence, and under an implied obligation not to use or disclose it. Cincinnati Bell Foundry Co. v. Dodds, 10 Ohio Dec. Rep. 154, 156, 19 Weekly L. Bull. 84 (Super. Ct. 1887). These other may include those of the holder s employes [sic] to whom it is necessary to confide it, in order to apply it to the uses for which it is intended. National Tube Co. v. Eastern Tube Co., supra. Often the recipient of confidential knowledge of the subject of a trade secret is a licensee of its holder. See Lear, Inc. v. Adkins, 395 U.S. 653 (1969). 

Novelty, in the patent law sense, is not required for a trade secret. W. R. Grace Co. v. Hargadine, supra, 392 F.2d, at 14. Quite clearly discovery is something less than invention. A. O. Smith Corp. v. Petroleum Iron Works Co., 73 F.2d 531, 538 (CA6 1934), modified to increase scope of injunction, 74 F.2d 934 (1935). However, some novelty will be required if merely because that which does not possess novelty is usually known secrecy, in the context of trade secrets, thus implies at least minimal novelty.. . . ... 

Boyle was determined to keep his method of preparation secret. He published the paper on condition that no questions be asked about its contents. He later reiterated his determination to maintain secrecy, saying that he would never make this mercury again or reveal how it was prepared. This was a vow that Boyle didn t keep, incidentally. He later shared Starkey s recipe with various alchemical collaborators. 

Jaffe, G. (2004a). Sowing Secrecy The Biotech Industry, USDA, and America s Secret Pharm Belt. Washington, DC Center for Science in the Pnblic Interest. 

Cf. Will iam Eamon, Science and the Secrets ofNature Books of Secrets in Medieval and Early Modern Culture (Princeton, 1994) Pamela O. Long, Openness, Secrecy, Authorship Technical Arts and the Culture of Knowledge from Anticfuity to the Renaissance (Baltimore, Md., 2001) William F. Ryan and Charles B. Schmitt (eds.), Pseudo-Aristotle The Secret of Secrets Sources and Influences Ashm. 1433, ii, fo. 23 . For more on this treatise, see p. 171 below. 

Eamon, Science and the Secrets of Nature, Long, Openness, Secrecy, Authorship, tsp. ch. 5 Copenhaver, Tale ofTwo Fishes . 

We have also, as you must think, novices and apprentices, that the succession of the former employed men do not fail besides a great number of servants and attendants, men and women. And this we do also we have consultations, which of the inventions and experiences which we have discovered shall be pubhshed, and which not and take all an oath of secrecy for the concealing of those which we think fit to keep secret though some of those we do reveal sometime to the State, and some not. 

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