When do state laws allow the owner of a trade secret to bring a civil lawsuit for misappropriation? Also discuss reverse engineering.
What will be an ideal response?
State laws allow the owner of a trade secret to bring a civil lawsuit for misappropriation against anyone who steals a trade secret. For the lawsuit to be actionable, the defendant must have obtained the trade secret through unlawful means, such as theft, bribery, or industrial espionage. No tort has occurred if there is no misappropriation. For example, a competitor can lawfully discover a trade secret by reverse engineering, i.e., taking apart and examining a rival's product or re-creating a secret recipe. A competitor or other party who has reverse engineered a trade secret is free to use the trade secret.
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