Protecting Trade Secrets
This playbook details the process for understanding and protecting trade secrets through legal means. It includes the identification of trade secrets and the drafting and enforcement of confidentiality and non-disclosure agreements.
Step 1: Definition
Identify and define what constitutes trade secrets within your organization. These could include formulas, practices, processes, designs, instruments, patterns, or compilations of information that provide a competitive edge.
Step 2: Inventory
Create an inventory list of all the trade secrets that need to be protected. Ensure that the list is comprehensive and includes both tangible and intangible assets.
Step 3: Protection
Implement protective measures to keep trade secrets secure. This may involve physical security, digital security measures, and limiting access to key personnel.
Step 4: Confidentiality Agreements
Draft confidentiality agreements (NDAs) that are required to be signed by employees, contractors, or any third parties who will have access to trade secrets. Be clear on the definition of what needs to be kept confidential.
Step 5: Legal Frame
Ensure that the confidentiality agreements meet all legal requirements and properly protect your intellectual property. It's advisable to have these agreements reviewed by a legal expert.
Step 6: Training
Conduct training sessions for all relevant parties to understand the importance of trade secrets and the legal consequences of breaching confidentiality agreements.
Step 7: Enforcement
Establish a protocol for enforcing confidentiality agreements in case of violations. This should include steps for legal action and recovery of damages, if necessary.
General Notes
Periodic Review
Regularly review and update the list of trade secrets and confidentiality agreements to keep up with changes in the business environment and technological advancements.
Legal Consultation
It's important to consult with legal professionals when creating confidentiality agreements to ensure that they are enforceable and tailored to your specific trade secrets.