Section 130.200  Initiation of a Claim that an Article Represents a Trade Secret

a)         The owner of an article may claim that the article represents a trade secret only by submitting to the State agency the claim letter required by subsection (b)(1) of this Section at the time the owner submits the article to the State agency.  If the owner of the article submits the article to the State agency without simultaneously submitting the claim letter required by subsection (b)(1) of this Section, the article will be considered a matter of general public knowledge and cannot be protected as a trade secret.

b)         The owner of an article seeking trade secret protection must submit the following information to the State agency at the time the owner submits the article to the State agency:

1)         A claim letter that clearly states the name of the article, briefly describes the article, and states that the article is claimed to represent a trade secret, as defined in 35 Ill. Adm. Code 101.Subart B and the Act; and

2)         A copy of the article marked as provided in Section 130.302 of this Part.

c)         The owner of an article seeking trade secret protection must submit to the State agency a statement of justification for the claim meeting the requirements of Section 130.203 of this Subpart.  The owner of the article may submit the statement of justification at the time the owner submits the article, or at a later time, but in no event later than the time limit established pursuant to Section 130.202 of this Subpart.

d)         If the State agency is provided with a claim letter required by subsection (b)(1) of this Section, the State agency must consider the article a trade secret and must protect it from disclosure pursuant to Subpart C of this Part until the State agency makes a final determination and the appeal time has expired.

e)         The owner of an article seeking trade secret protection is not required to serve any other persons with the article or the page or portion thereof for which the owner seeks trade secret protection.