Trade Secrets are practices or information specifically developed by your company that help you obtain a competitive advantage over competitors in the marketplace. Formulas, such as the recipe for Coca-Cola, business or manufacturing processes, methods of operation, customer lists and compilations of information are all examples of trade secrets.
Trade secrets are protected as intellectual property under state law or the Uniform Trade Secrets Act (USTA). A court will generally grant trade secret protection if the following three factors exist:
- The trade secret is not generally known to the public
- The trade secret confers an economic benefit on the holder
- The trade secret is the subject of reasonable efforts to maintain its secrecy
The trade secret is entitled to continuous intellectual property protection as long as the trade secret is not disclosed. Reasonable protection measures include the use of non-disclosure agreements (NDAs) and non-competition agreements. Trade secrets may also be protected by restricting or limiting access to the information that comprises the trade secret, and controlling the use of the trade secret by those who do have access.
Trade secrets are among the most valuable assets a company will ever keep in its intellectual property portfolio. As employees, clients, and developers move from company to company, trade secrets and knowledge move with them. Our intellectual property law firm can safeguard your company's trade secrets by drafting non-disclosure agreements, non-competition agreements, and reviewing the security procedures in place that protect your trade secrets.
Our attorneys are also able to assist your company if a trade secret has been misappropriated by a client, an employee, or a competitor. Through the use of cease and desist letters we can demand that other people and companies stop the use of your trade secret. And when necessary, our attorneys will resort to ligitation to enforce trade secret protection.
Contact us today and discover how our firm can help add value to your company.