Which of the following is NOT a characteristic of trade secrets?

Study for the LEGL 2700 Hackleman 3 Exam with comprehensive questions, each accompanied by detailed explanations and hints. Ace your exam preparation today!

The correct choice highlights an important aspect of trade secrets. Trade secrets are indeed valuable and can be economically advantageous to the businesses that possess them, often giving them a competitive edge. They also do not expire in the same way that patents or copyrights do; as long as they remain secret and the owner takes reasonable steps to protect that secrecy, they can retain their status indefinitely.

The requirement that they be unique to the owner, however, is not accurate. Trade secrets can be based on general knowledge or practices that are not necessarily unique, as long as the information is kept confidential and gives the owner a competitive advantage. The essence of a trade secret is its secrecy rather than its uniqueness. Therefore, the assertion that they must be unique to the owner does not align with the legal definition of what constitutes a trade secret.

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