Definition: Proper means refers to a fair and lawful approach to uncovering trade secrets without violating any legal or ethical norms. Instances of proper means encompass independently generating the idea, researching information that is publicly accessible, and deconstructing a product to comprehend its functioning. Trade secrets are akin to personal possessions, but their secrecy remains intact only if they are not obtained through improper methods. Consequently, if an individual acquires knowledge of a trade secret through a justifiable manner, the owner of the secret cannot take legal action against them for utilizing it.
Proper means of discovering trade secrets refer to methods that adhere to property-protection statutes and commercial ethics standards. These methods include independent invention, reverse engineering, observing the product in public, and studying published literature. It is crucial to note that trade secrets are protected similarly to private property, but only if they are disclosed or used through improper means. Unlike patented processes, trade secrets do not possess an absolute monopoly and lose their status as private property when the owner reveals them or when they are discovered through proper means. Therefore, liability is based on the use of improper means to obtain the trade secret, rather than mere copying or use. For instance, independent invention occurs when someone independently comes up with the same idea or product as another company, demonstrating the use of proper means to discover the trade secret. Similarly, reverse engineering involves disassembling a product to understand its workings and creating a similar product without stealing any confidential information. Observing a product being used or sold in public and then creating a similar product without stealing any confidential information also constitutes the use of proper means. Additionally, studying published literature, such as patents or academic papers, to comprehend how a product functions and subsequently creating a similar product without stealing any confidential information is considered proper means. These examples highlight that proper means involve discovering trade secrets without violating any laws or ethical standards. It is crucial to employ proper means to avoid liability for trade secret misappropriation.
“Proper means” refers to the lawful and ethical methods used to achieve a desired outcome or goal.
Examples of proper means include following established laws and regulations, obtaining necessary permits and licenses, and using non-violent and non-coercive methods to achieve a goal.
Using improper means can result in legal penalties, such as fines, imprisonment, or civil lawsuits. It can also damage one’s reputation and credibility.
You can ensure that you are using proper means by consulting with legal professionals, researching applicable laws and regulations, and seeking ethical guidance.
If you suspect someone is using improper means, you should report it to the appropriate authorities or seek legal advice.
No, using improper means is never justified. It is important to always follow the law and ethical standards.
Proper means refers to ethical and lawful methods, while legal means refers specifically to methods that are allowed by law.
Using proper means does not guarantee success, but it can help ensure that one’s actions are ethical and lawful.
Some common misconceptions about proper means include that it is always easy to determine what is proper, and that using improper means can lead to success.
You can educate yourself on proper means by consulting with legal professionals, researching applicable laws and regulations, and seeking ethical guidance.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/proper-means/
- Modern Language Association (MLA):Proper Means. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/proper-means/.
- Chicago Manual of Style (CMS):Proper Means. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/proper-means/ (accessed: May 09 2024).
- American Psychological Association (APA):Proper Means. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/proper-means/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts