Do you really have a trade secrets programme?

Significant corporate value may be held in confidentiality agreements.

Disputes are easier to deal with if clearly captured in employee and 3rd party agreements and easier still if trade secrets are defined and categorised. Disputes may happen decades later so preparing early makes it easier.

Note the recent Ocado legal case where a senior employee who left the business in 2008 was still considered a competitor and to have breached confidentiality.
It is relatively straightforward to set up a trade secret programme but it is very hard to try to retrofit a trade secret programme to recoup damages after the leakage has occurred. Do it now before it is too late.

Most businesses will tell you that they have trade secrets but the vast majority will struggle to defend these so called trade secrets in court simply because they do not have a trade secrets programme and hence will not be able to demonstrate to the judge that they have taken the steps to categorise, capture, codify, and contract to protect trade secrets.

In most cases business have know-how that is not protected by a trade secrets programme. 

As the motto used to say when I was a boy: "Be Prepared". 

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