In confidence putting in place a trade secret protection program
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IN CONFIDENCE: PUTTING IN PLACE A TRADE SECRET PROTECTION PROGRAM. Najmia Rahimi Senior Program Officer, SMEs Division World Intellectual Property Organization. Outline. What’s a Trade Secret ? Definition and main criteria Why to protect trade secrets ?

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In confidence putting in place a trade secret protection program

IN CONFIDENCE:PUTTING IN PLACE A TRADE SECRET PROTECTION PROGRAM

Najmia Rahimi

Senior Program Officer, SMEs Division

World Intellectual Property Organization


Outline
Outline

  • What’s a Trade Secret?

    • Definition and main criteria

    • Why to protect trade secrets?

    • Pros and cons of trade secrets’ protection

  • Trade secret management program

    • Building it up in a company

  • Misappropriation of trade secrets

    • How trade secrets get stolen

    • How to protect them

  • Violation of trade secrets

    • How to establish an violation

    • What are the remedies

  • Audit of trade secrets: main steps



Trade secret is information
Trade Secret is Information

  • Any: technical, commercial, financial, strategic, logistical, scientific, etc.

  • Not generally known to the relevant business circles or to the public

  • Confers economic (commercial) benefit to its owner because of the fact that it is secret

  • Is subject to reasonable efforts to maintain its secrecy.



Examples
Examples

  • Production processes

  • (Chemical) formulas: drinks, food, cosmetics, medicine, etc.

  • Software

  • Projects, models, etc.

  • Procedural tests

  • Marketing, development, research, strategic plans

  • Negative information ( processes which do not work, etc.)

  • List of clients and information about them

  • Prices, costs-related information

  • New ideas, methods, understanding


One of the most famous examples -formula of Coca-Cola drink




How to build up a trade secret management program in a company
How to build up a trade secret management program in a company?


Trade secret management program in a company steps
Trade secret management program in a company: Steps


Trade secret management program in a company steps1
Trade secret management program in a company: Steps







How trade secrets get stolen what would be your comments on the norden case
How trade secrets get stolen: What would be your comments on the Norden Case?


Protection of trade secrets
Protection of trade secrets

  • Most countries do not have specific laws on trade secrets.

  • Protection of trade secrets is established in:

    • Civil Laws

    • In Unfair Competition Laws (for instance, in Germany)

    • In Contract Law (in many countries)

    • In Criminal Law (for instance, in the EU countries, USA, Russia)



Remedies against violations of trade secrets
Remedies Against Violations of Trade Secrets

  • Court order to stop illegal acts (injunction)

  • Monetary compensation (damages, lost of profits, unjust enrichment, etc.)

  • Seizure order (to check defendant’s premises, to take evidence, etc.)

  • Precautionary confiscation/seizure of articles that contain trade secrets or products resulting from their use/misuse

  • Destruction of infringing articles

  • In some countries, imposition of punitive damages







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