Trade secrets, know-how and confidential information
|1.||What are trade secrets, know-how, or confidential information?||Confidential information is any type of information that you regard as confidential. Trade secrets and know-how are subsets of confidential information.
Confidential information can be business information such as financial records, marketing plans, customer lists etc. Trade secrets and know-how can include all types of technical information.
|2.||How should I treat my confidential information?||To be afforded protection the information needs to be treated as being confidential, For example, it should be marked as being confidential, kept in a secure place when not actively in use, shared only with those on a need-to-know basis, all copies are accounted for, etc.|
|3.||What rights do trade secrets, know-how, or confidential information give me?||You can use your trade secrets, know-how, and confidential information. If your trade secrets, know-how, or confidential information have been misappropriated, you can commence proceedings against the person that misappropriated them.|
|4.||Does a trade secret, know-how, or confidential information need to be registered?||No.|
|5.||How long do these types of intellectual property rights last?||For as long as they remain outside the public domain.|
|6.||How can I protect my trade secrets, know-how, or confidential information from misuse by my employees?||By having clear confidentiality obligations in employment agreements.|
|7.||How can I protect my trade secrets, know-how, or confidential information from misuse by contractors and consultants that I engage?||By having clear confidentiality obligations in your agreements engaging consultants and contractors.|
|8.||How can I protect trade secrets, know-how, or confidential information from misuse if I disclose them to business associates?||By having a well-drafted confidentiality agreement.|
- Last reviewed: 23 Jul 2019
- Last updated: 13 Jun 2016
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