question.jpgIn Trade Secrets

What is independent creation?

Independent creation is where someone creates, on their own, the same technology or information which someone else claims as a trade secret. If this independent creation did not wrongfully use any part of the claimed trade secret, then the creator is free to use it as he or she sees fit, without needing to seek the trade secret owner’s permission, and is not liable for trade secret misappropriation.

In other words, if someone sues you for trade misappropriation and you can show that you independently created what the other side claims as their trade secret, your independent creation is a valid defense to the claim of misappropriation and the other side will ultimately be unsuccessful in its case.