What is Trade Secret Protection?

Confidentiality and Non-Compete Agreements

Due to their confidential nature, it can be challenging to obtain trade secret protection. Unlike most forms of intellectual property, trade secrets are not registrable or subject to public disclosure for federal protection. To remain protectable, trade secret protection requires confidentiality, which can be achieved through non-disclosure agreements (NDAs) or non-competition agreements.

NDAs are legally binding contracts that safeguard confidential material, knowledge, or information shared between parties. They are typically used with employees, vendors, and any other parties who may gain access to the trade secret.

Non-competition agreements are legal contracts that protect a business from unfair competition. In these agreements, one party, often an employee, agrees not to use knowledge acquired during their employment with the business to compete with the business. Such agreements can help protect a business in the event of a trade secret disclosure by an employee who later leaves the company.

Proactive Measures to Maintain Trade Secret Confidentiality

The duration of trade secret rights does not expire as long as it is kept confidential, and this differs from other forms of intellectual property rights. Therefore, it is crucial for companies to maintain confidentiality to gain an advantage over their competitors. Our team of IP attorneys can guide companies on implementing procedures to protect their trade secrets, which includes proactive measures to prevent leaks, as well as the use of confidentiality and employment agreements to provide additional security and recourse in case of a breach. These procedures and agreements can also make dispute resolution and litigation more efficient.

It is common for companies to realize too late that lax procedures or a lack of written agreements can compromise their legal remedies. We can evaluate a company's procedures for securing confidential information against the factors that courts use to determine protection. Additionally, we provide services such as know-how licensing, due diligence investigations, employee entrance and exit counseling, non-disclosure agreements, non-competition agreements, employee training policies, and trade secret identification to further protect a company's trade secrets.