tips on trade secrets
Post on 01-Jul-2015
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Trade Secrets
twobirds.com
Key points
● Trade secrets can be protected even if there is no protective contract provision
● Not all non-public information can be protected as confidential information
● An employee can use his know how and general skills freely when he leaves employment
● Most confidential information is now stored in electronic form; electronic data leaves a lasting record ● The most common remedy to protect trade secrets is an injunction
● A springboard injunction may be available to prevent use of confidential information
● Stealing confidential information can be a criminal offence in some countries
● An information management process will support enforcement
● Protection of confidential information is enhanced by maintaining proper systems and procedures Tips
● Prevention is far better than cure; implement and maintain an information management protocol
● Map data entry points, and manage how confidential information is received, stored, accessed,
disclosed, and destroyed
● Sensibly identify what is, and what is not, confidential information
● Sensibly identify who has access to confidential information, and implement measures to restrict access by others
● Use available IT methods to monitor use of thumb drives, or use of personal devices or IT in
connection with confidential information ● Ensure the employer has the right to monitor use of IT systems on a fair and reasonable basis
● Remind employees regularly of duties relating to confidential information, and always when an
employee resigns
● Gather proof and evidence promptly (and ideally while the employee is still employed) before making demands arising from an alleged breach
● Consider notifying a new employer of confidential information that an employee may have taken
Traps
● Having policies that are not maintained or enforced
● Only considering protection of confidential information after a breach ● Confusing know how with confidential information
● Not acting quickly to forensically gather IT evidence of breach
● Not acting quickly while the employee remains employed
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