N.J. Admin. Code § 8:59-3.9

Current through Register Vol. 56, No. 23, December 2, 2024

Section 8:59-3.9 - Criteria for determination of the validity of a trade secret claim

(a) Any formula, plan, pattern, process, production data, information, or compilation of information shall be considered a trade secret if the employer establishes that its secrecy is certified by an appropriate official of the Federal government as necessary for national defense purposes, or if the employer establishes that:

1. It is not patented;

2. It is known only to the employer and certain other individuals;

3. It is used in the research and development or production of an article or of a mixture; and

4. It gives the employer possessing it a competitive advantage over businesses who do not possess it.

(b) The chemical name and Chemical Abstracts Service number of a substance shall be considered a trade secret only if the employer can establish that the substance is unknown to competitors, or is included in a formula or process that meets the criteria of (a) above.

(c) In determining whether a trade secret claim meets the requirements of (a) or (b) above, the DOH/DEP shall consider information provided by the employer or any other person, including the information in (c)1 through 6 below:

1. The extent to which the information for which the trade secret claim is made is known outside the employer's business;

2. The extent to which the information is known by employees and others involved in the employer's business;

3. The extent of measures taken by the employer to guard the secrecy of the information;

4. The value of the information to the employer or the employer's competitor;

5. The amount of effort or money expended by the employer in developing the information;

6. The ease or difficulty with which the information could be disclosed by analytical techniques, laboratory procedures, or other means.

N.J. Admin. Code § 8:59-3.9

Amended by 50 N.J.R. 1036(a), effective 3/19/2018