Home > Legal > Intellectual Property > Protecting Trade Secrets


Jennifer Baljko

Guide to Protecting Trade Secrets

Make sure the recipe for your secret sauce doesn't slip into the wrong hands


Extremely
Useful
8.0
out of 10

Add Your Comments
 
 
Email Guide to Protecting Trade Secrets to a friend
Save the Guide to Protecting Trade Secrets to My Work.com Favorites
Print the Guide to Protecting Trade Secrets
link to this page
Save to del.icio.us
digg it!


For successful products, there's something that makes them different from the competitors'. Whatever it is, it makes the product stand out, and company officials try to guard that trade secret from leaving their hands. Generally, a trade secret involves a formula, pattern, compilation, program, device, method, technique, or process that:
  1. Derives economic value from not being known to the public, and
  2. Requires steps to maintain its secrecy.
Of course, preventing information from being leaked requires thoughtful planning. Here's what you need to know to protect your "secret sauce."

Action Steps
The best contacts and resources to help you get it done

Examine trade secret status


There are legal, economic and administrative differences between patents, intellectual property, trade secrets and trademarks. You'll have to evaluate and analyze what you have in your entire "information" portfolio, decide which data will earn a trade secret label and which information may be better protected by other means.

I recommend: Kilpatrick Stockton LLP and Ten3 Business e-Coach have tips for sorting through these distinctions.

Go the NDA route


Let employees, contractors and vendors know about the nature of the information you are sharing with them and have them sign non-disclosure agreements that contractually prohibit them from releasing information. Create guidelines on how information is handled and shared.

I recommend: Nolo has information about nondisclosure agreements, what elements should be included in an NDA as well as books, CDs and e-books on the topic.

Use the law to your advantage


The federal Uniform Trade Secrets Act and state laws that may protect your company if trade secrets enter the public domain or fall into the hands of your competitor. Brush up on trade secret legalities and what examine your rights.

I recommend: The George L. Graziadio School of Business & Management at Pepperdine University has a good legal overview.

Watch for damage from employee turnover


Employees who are terminated or take jobs at a competing firm pose a big risk in trade secret exposure. Things like exit interviews and a checklist of items that need to be returned before employment ends help curb the risk.

I recommend: Fenwick & West LLP has a white paper listing appropriate measures for handling employee departures and preventing trade secrets from leaving your organization.

Tips & Tactics
Helpful advice for making the most of this Guide

  • Besides products, trade secrets laws also can protect your customer and supplier lists, consumer profiles, sales methods and advertising strategies.
  • Either because of changing market conditions, short product lifecycles or other circumstances, information will eventually enter the public domain and trade secrets no longer may carry the same weight of secrecy.

The official source of Protecting Trade Secrets is the Trade Secret Law page at Business.com


Featured Vendors

Operational Risk Management Solutions, Software & Services
Manage enterprise-wide operational, safety, environmental, quality, security, and financial risk through continuous process improvement & compliance.
www.SyntexSolutions.com

Konica Minolta Business Intelligence Services
Optimize your printer fleet with Business Intelligence Services from Konica Minolta. Save money and gain efficiency - Request a quote now.
www.kmbs.konicaminolta.us

Web Based Business Intelligence Software
Dashboard & Reporting. Up and running in weeks, not months. View our online demo.
www.InetSoft.com/Business_Intelligence

Microsoft SQL Server® 2008 - Free Trial
Download the Free 180-day Trial of SQL Server® 2008 Enterprise Edition!
Microsoft.com/SQLServer2008

Sign up for the What Works for Business weekly e-newsletter!
 Related Resources from Business.com Back to top 
 Recommended Solution Providers Back to top 

Register your trademark online.

Provides trademark protection services.

Focuses on trademark protection services, including research, applications, and monitoring.


 Best Sites to Learn MoreBack to top 

Provides information on trademark registration.

Nolo provides law books, forms, and software covering a wide range of personal and business law. This is their area dedicated to trade secrets and non-disclosure agreements.

Offers links to web content related to intellectual property law, including copyrights, patents, trade secrets, and trademarks.


  Best Blogs and Forums Back to top 

This blog covers intellectual property legal issues, including patent, copyright, and trademark law.


  CommentsBack to top 

Loading Comments...


Add Your Comments


Email Guide to Protecting Trade Secrets to a friend
Save the Guide to Protecting Trade Secrets to My Work.com Favorites
Print the Guide to Protecting Trade Secrets
link to this page
Save to del.icio.us
digg it!


Is any content on this page inappropriate? To let us know, please click here.



© 2010 Work.com, Inc. All Rights Reserved. Work.com is a property of Business.com.
Help | About Us | Site Map | Terms of Use | Privacy Policy | Community Policy | Taskonomy | Advertise | Contact Us | Local Business Directory | Work.com Feed