Trade Secrets: How To Protect Other Confidential Information

Trade Secrets: How To Protect Other Confidential Information

by | Sep 24, 2013 | Advice

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Trade secrets include formulas, patterns, devices, or compilations of data that give a competitive advantage in business.

Unlike patents, trademarks and copyrights, which primarily involve federal law, trade secrets are governed by state law.

Another difference is that no registration is required so long as the information to be protected is intrinsically valuable and reasonable steps are taken to preserve its secrecy. Essentially, trade secrets are a type of “do it yourself” intellectual property protection.

The Label “Trade Secret” Isn’t Enough

Small business owners should consider trade secret protections for any valuable information that is not otherwise known (or available to) competitors.

This information can be specific technical information about existing products, beta-testing, or prototype concepts for new products, sensitive business information regarding marketing and customer lists, as well as financial information such as costs and pricing.

For this type of information that is vital to your business’ success, you’ll want to make sure you take the necessary steps to safeguard it.

Preventing Unauthorized Use of Proprietary Information

The owner of a trade secret is entitled to prevent unauthorized use or disclosure of the information contained in the trade secret.

This means a business can require its employees and contractors (as well as vendors or suppliers and prospective business partners) to sign confidentiality agreements regarding trade secrets, and may enforce those agreements in court to prevent future use or disclosure and recover monetary damages.

How to Protect Trade Secrets

While there is no formal registration process, simply labeling something a “trade secret” is not enough to create an enforceable right to prevent its use or disclosure. The information to be protected must have some intrinsic value (i.e., it gives the business a competitive advantage).

In addition, the information must be secret. Information in the public domain, or which is readily available, does not qualify for trade secret protection. That means businesses must take commercially reasonable steps to preserve the secrecy of information that is claimed to be a trade secret.

Typically this involves internal practices such as limiting access, labeling items or information as “Confidential,” and using nondisclosure or confidentiality agreements to establish legal protections and restrictions for that information.

Business Consulting with James M. Hillas, P.C.

Protecting your proprietary information from competitors is beneficial to your business, from start-up trade secrets to confidential information that has allowed your business to maintain continued success.

James Hillas is an experienced business consultant, helping small businesses at all stages of development keep their competitive edge by protecting their trade secrets.

For expert legal advice for your business success, get in touch with James M. Hillas today!

Intellectual Property: Don’t Forget to Cover Your (Other) Assets

Intellectual Property: Don’t Forget to Cover Your (Other) Assets

by | Sep 10, 2013 | Advice

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One asset that business owners often overlook (and undervalue) is the company’s intellectual property (IP). The World Intellectual Property Organization defines IP as creations of the mind — inventions, literary and artistic works, symbols, names, images, and designs used in commerce. The law recognizes four categories of intellectual property. We’ll spend some time with each of these in future posts, but here’s a quick overview to get started:

Patents
Patents protect inventions such as machines or processes. If properly registered with the US Patent and Trademark Office, patents provide inventors with an exclusive right to manufacture and market their invention. Federal patent protection lasts up to 20 years.

Trademarks
A trademark is a name, phrase, sound, or symbol used in connection with services or products. Think of Nike’s swoop or the phrase “Just do it.” Federal trademark protection lasts for 10 years after registration and can be renewed “in perpetuity.” Trademarks can also be established without formal registration. If a company creates a symbol or name it wishes to use exclusively, it can simply attach the TM symbol to identify and protect the mark under common law; however, it is easier (more cost-effective) to enforce federally protected trademarks in court).

Copyrights
Copyright laws protect written or artistic compositions such as books, poems, songs, or movies. A copyright protects the expression of an idea, but not the idea itself. The owner of a copyrighted work has the right to reproduce, sell, perform, or display the work to the public. An author can have a common law copyright without federal registration, but cannot sue for copyright infringement of an unregistered copyright. A copyright lasts for the life of the author plus another 50 years.

Trade secrets
Trade secrets include formulas, patterns, devices, or compilations of data that give a competitive advantage in business. Unlike the first three categories, trade secrets are governed by state law. To protect the secret, a business must prove that it adds value to the company and that appropriate measures have been taken within the company to safeguard the secret.