Trade Secret Protection with a Los Gatos Copyright Lawyer
- Processes, formulas and recipes
- Devices, products and software
- Patterns, plans and designs
- Customer lists, supplier lists, marketing strategies, sales strategies and forecasts
- Advertising plans, business relationships and opportunities that have not been announced
- Information about personnel, key employees and their compensation
Protecting Your Trade Secrets
- There is no method to register or formally apply for protection of trade secrets. You can, however, take certain steps to retain the secrecy. They include the following:
- Provide access of trade secrets to employees, contractors and vendors strictly based on “need to know.”
- Make certain that those who are given information on the trade secrets know of its status and that it should not be disclosed.
- Seek signed, non-disclosure agreements.
- Have the information marked “confidential.”
- Keep the information in a restricted location.
Trade Secrets Are Entitled To Certain Protections
Trade secrets are protected against misappropriation. A trade secret will be misappropriated if a person becomes aware of the trade secret by using methods that are improper. It will also be misappropriated if the trade secret is disclosed or used without permission if the person knew or should have known that it had been acquired improperly. If this happens, the secret’s owner will have the ability to sue for economic loss that was caused by the misappropriation. This is usually calculated through the last profits of the owner or the unjust enrichment accrued by the person who misappropriated. There can also be punitive damages. Trade secrets are protected indefinitely unless it is published or is generally known.
Call an Experienced Los Gatos Copyright Lawyer