How do I develop a trade secret strategy for my
business?
Trade secrets are widely used by SMEs. In fact, many
SMEs rely almost exclusively on trade secrets for the
protection of their IP (although in many cases they may
not even be aware that trade secrets are legally
protected). It is important, therefore, to make sure
that enterprises take all necessary measures to protect
their trade secrets effectively. These measures would
include:
-
Adopting an
enterprise-wide information security and protection
programme.
-
Educating employees
on the company’s policies regarding disclosure of
confidential information, with clear definitions and
guidelines on how to access, manage, protect,
distribute, label and/or eventually disclose any
confidential information.
-
Identifying and
prioritizing business secrets on the basis of their
value and sensitivity.
-
Considering whether a
trade secret may be protected by means of a formally
registered IP right, such as a patent, and if so,
whether it would not be better protected that way.
-
Making sure that a
limited number of people know or have access to any
confidential information of value to the enterprise
and that all those who do are well aware that it is
confidential information.
-
Including
confidentiality agreements within employees’
contracts. Under the law of many countries,
employees owe confidentiality to their employer even
without such agreements. The duty to maintain
confidentiality over the employer’s secrets
generally remains, at least for a certain period of
time, even after the employee has left that
employment.
-
Signing
non-disclosure agreements with business partners
whenever disclosing confidential information.
-
Establishing an
effective security system for managing digital
information on the company’s internal network, with
technical measures, software and encryption to
restrict access to classified information, a system
for monitoring communication and information
disclosure, and a system for preventing or tracking
access to confidential information.
References
The Trade Secrets Audit. R. Mark Halligan,
Web page at
http://my.execpc.com/~mhallign/tradesec.html . A
checklist for identifyingpotential trade secrets.
Trade Secrets: Policy Framework and Best Practices. WIPO.
2002.
Web page at
www.wipo.int/sme/en/documents/wipo_magazine/05_2002.pdf
. Focuses on the different means by which trade secrets
may be protected.
How to Classify Trade Secrets. R. Mark Halligan.
Web page at
http://my.execpc.com/~mhallign/protect.html .
Includes six factors to consider when classifying trade
secrets in order to put an appropriate strategy for
protection in place.
Related:
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-
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The Relationship between the TRIPS Agreement and the
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