Trade Secrets

Trade secrets is a general term for confidential information or proprietary information which, if disclosed, loses its value. Trade secrets or confidential information may include such information as secret ingredients, secret processes and data or information kept confidential (such as customer lists or the source code to software).

Trade secrets and confidential information can be protected by law so that the owner not only benefits from the confidential nature of the information and the ability to exclusively use it, but is also entitled to prevent others from making any unauthorised use of that information. Without this protection, which involves the meeting of certain legal requirements, rights to the trade secrets or confidentiality may be lost.

Trade secrets can be protected through physical, administrative and electronic security measures as well as through proper written agreements.

Significant Areas of Service

  • Advising on the protection of trade secrets and confidential information
  • Negotiating and drafting non-disclosure and confidentiality agreements
  • Advising on the commercialization of trade secrets
  • Drafting agreements to license and/or sell trade secrets
  • Drafting agreements to protect confidential information and trade secrets in the context of employees and independent contractors