trade secrets Flashcards

1
Q

Trade secret def.

A

Information that can include formula, pattern, compilation, program, divide, method technique or process.
1 - non public
2 - potential commercial value (competitive advantage or generate economic benefit)
3 - guarded by confidential measures

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2
Q

Types of trade secrets

A

> ideas that give competitive advantage
know how (design techniques, skills etc)
valuable business info, customer lists, suppliers, marketing strategy or cost and price info
any info with commercial value

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3
Q

How to keep safe

A
  • technical barriers
  • physical (keep in a safe or mark as CONFIDENTIAL)
  • contractual
    Only if they are undisclosed to the public they can apply to be protected
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4
Q

technical barriers

A
  • IT store in data servers, passwords;
  • internal technology policy;
  • blockchain technology
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5
Q

> protect from cyber thefts

A
  • encrypt data
  • update anti virus
  • be aware of risk of cloud
  • blockchain
  • train employees
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6
Q

Contractual barriers

A
  • agreement of confidentiality or non disclosure
  • protection policy
  • record flows of information
  • provide training to employees
  • protocols and rules to proceed
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7
Q

When dealing with 3rd parties

A
  • before discussing or transfer documents, sign a NDA
  • after negotiation enter into a MOU to structure the deal
  • final agreement: who owns what info, what are exchanges and non-disclosure obligations of both parties
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8
Q

What to do when dealing with trade secrets

A

> identify trade secrets
USE combination of barriers
DOCUMENT security measures you take

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