This is not the place to determine exhaustive characteristics in relation to the aforementioned measures. In the most general sense, it can be said thatif it turns out that the limited party has received designated and sufficient compensation for the limitation, and that it benefits from it, it will be difficult for it to be released from it. Shurat Justice will find it difficult to accept the argument that after the limited entity has derived all those benefits, it will seek to be released from the restrictions imposed on it. And the more generous the designated compensation, the greater the chance of repelling an argument that contradicts public policy on the day of an order.
- And after this general introduction, let us proceed to examine our own matter.
A bonus company has not established a trade secret inherent in its activities
82. Bonus claims that the format of its activity amounts to a trade secret, a secret that Mr. Zaruk was exposed to, stole and misused after the contract between the parties ended. I do not take this argument lightly. The Bonus Company possessed impressive knowledge that enabled it to operate in the field of levies. I accept that her action was professional and in-depth. Mr. Goldian reiterated that the company's success was not accidental, and that it relied on knowledge, professionalism and expertise.
And that's still not enough. Not every professional, even one who works in complex fields, can establish a trade secret. And not every practical theory of action ("know how"( can provide its owners with the protection afforded tothem for the development of trade secrets. Care must be taken against the disparaging of the basic term "trade secret", otherwise excessive sweeping protection will be given to those seeking to impose restrictions on competition and occupation, and the proper balance in this sensitive and important area will be violated.
As will be explained below, and with all the appreciation for the professional work of the Bonus Company, I am not convinced of the existence of a trade secret, which deserves protection in respect of its activity.