trade secrets Flashcards
Trade secret def.
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
Types of trade secrets
> 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
How to keep safe
- 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
technical barriers
- IT store in data servers, passwords;
- internal technology policy;
- blockchain technology
> protect from cyber thefts
- encrypt data
- update anti virus
- be aware of risk of cloud
- blockchain
- train employees
Contractual barriers
- agreement of confidentiality or non disclosure
- protection policy
- record flows of information
- provide training to employees
- protocols and rules to proceed
When dealing with 3rd parties
- 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
What to do when dealing with trade secrets
> identify trade secrets
USE combination of barriers
DOCUMENT security measures you take