ABSTRACT
This chapter examines the basic components of the notion of trade secrets. It analyzes the criteria by which a duty to maintain secrecy or to limit its use, either during the contract or after the contract expires, arises when employees and other contract parties acquire trade secrets. The chapter presents the principles that allow us to identify the information and abilities, which should count as part of the skill and knowledge. It considers whether explicit non-competition clauses are a useful and valid instrument to prevent former employees or contract parties from using their skill and knowledge. The chapter deals with one of the most complex situations related to imminent use or disclosure of the principals trade secrets by the above parties. Rational exploitation of secret information and the maximization of the competitive advantage it provides to the owner require sharing it with other owners.
