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Your trade secrets and know how may be misused by:

  1. a person to whom you have made a disclosure of your trade secrets and know how, for example, under a Confidentiality Agreement or a Non Disclosure Agreement;
  2. an employee or a former employee;
  3. a contractor; or
  4. a visitor to your premises.
That misuse could occur by either:
  1. the unauthorised disclosure of your trade secrets and know how to another person, or
  2. the use of your trade secrets and know how in a manner or for a purpose that you have not approved.
If this occurs, you can:
  1. obtain a court order (called an injunction) to stop a person from misusing your trade secrets or know how, or
  2. obtain monetary compensation (called damages or account of profits) from a person that has caused you financial loss as a result of their misuse of your trade secrets or know how.
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