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Top Ten Ways to Protect Your Trade Secrets

By Day, Berry & Howard LLP (www.dbh.com)

 

 

 

 
  1. Know it when you see it -  A trade secret is any identified information that gives your business a competitive advantage from not being generally known.
  2. Adopt a written trade secret policy and communicate it to employees – Advise your employees of your policy to maintain company secrets and have every employees sign a non-disclosure agreement.
  3. Mark proprietary documents – Stamp confidential on every page of a proprietary document.
  4. Use written confidentiality agreements – How people sign clear and enforceable confidentiality agreements before providing access to your secret information.
  5. Enforce reasonable security procedures – Use password protection, encryption or other techniques to protect information on your computer system; keep secret papers and documents in protected storage when not in use; return papers to files, and files to drawers, immediately after use.
  6. Shhh. Don’t tell anyone – Limit access to trade secrets on a “need to know” basis. Don’t discuss trade secrets in the elevator, at restaurants or in dark alleys.
  7. Avoid common mistakes – Don’t leave confidential materials open in conference room or public areas.
  8. Follow up after disclosure – After a confidential discussion, follow up with a reminder letter on the confidential treatment of your information.
  9. Take appropriate offensive actions – If an employee with access to trade secrets leaves, send a letter to his/her new employer reminding them of their confidentiality obligations.
  10. Consult knowledgeable legal counsel – Obtain legal advice to assist in identifying and protecting your trade secrets.

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