Trade secret

Information which is not publicly known may, under certain circumstances, be protectable as trade secrets.

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The basic requirements for obtaining protection of information as a trade secret is that the information is not publicly known or easily available, that it has a commercial value and that the proprietor has taken reasonable measures to keep the information secret.

Because patent protection entails that the relevant technology must be made publicly available, trade secret protection can be an alternative to patent protection. Trade secret protection is however not limited to inventions, and the protectable subject matter under trade secret law therefore has a broader range than patent protection.

Trade secret protection may provide the proprietor with an important competitive advantage.

It is therefore important to implement necessary measures in order to secure that information remains secret. Such measures may include e.g. internal guidelines for treating the information internally and the regulation of secret information in employment contracts and co-operation agreements with other operators and competitors.

What can Protector offer?

We can offer a complete assessment of your trade secrets. Our patent lawyers can assess if new technology is suitable for patent protection or if trade secret protection can be a better alternative. Furthermore, our lawyers will assist you in preparing guidelines and systems for the safeguarding of your trade secrets.