A look at the characteristics of a bonus company
- The starting point for the discussion is found in the description of the secret that the bonus company claims. And now, she made do with a description that is very general in nature. The counterclaim statement (at paragraph 20( states as follows:
As part of its activity to generate proactive charges of development levies, the plaintiff created and accumulated information that constitutes its trade secret, including: a list of customers; contact list; Work methods; professional analyses of time points that establish grounds for generating a charge for payment of development levies; the pricing of the service it provides to customers; its activities; its programs; its suppliers; And more.
Such a general description is also found in her statement of defense (in paragraph 31( and in the affidavit of her manager, Mr. Goldian (paragraph 15 of his first affidavit). It is also repeated in the company's summaries in the counterclaim (in paragraph 34).
However, a general description is not enough. Individual content must be poured into it, so that that secret that deserves protection can be established, and the burden in this regard is on the bonus company. She did not meet this burden. We will discuss the matter in detail.
Unique work methods and procedures have not been established
- The existence of work procedures, as such, does not constitute a trade secret. A unique activity is required, which can establish the long-awaited secret. As determined in the case Damati (at p. 856 ( Vote for "About some uniqueness in their method of work, which is a business secret that gives its holder an advantage over its competitors. After all, in every job with an employer, the employee acquires general information in the field of occupation from the employer, and as long as it is not unique or confidential information that confers an advantage and is the property of anyone who engages in a similar occupation, it cannot be said that such general information or experience is worthy of protection[emphasis added]The AddThe].
- Unique work procedures have not been established.
Thus, Mr. Tomer Nissenbaum admitted in his interrogation that the company did not have unique work methods (p. 550, S. 22-26, S. 31-33). According to him, "These are things that everyone does, except for a building file, to see the payments, to do it more or less, and then there are the legal matters" (ibid.). He further added that there was no knowledge in the society that was kept secret (p. 551, s. 9-1), or a manual that taught the Torah (ibid., S. 12-10).