“secret manufacturing processes such as chemical formulas” and according to English law, IP Draughts considers that there is no particular category of property called trade secret or know-how. The law of trust can protect a business secret or know-how. Regardless of this, recognized types of intellectual property, such as patents or copyrights, may offer protection. However, confidential information as such is not recognized as property. Lord Neuberger, president of the Supreme Court of the United Kingdom, said in 2012 in a case reported here by IP Draughts: unlike patents, trade secrets are protected without registration, i.e. trade secrets do not require procedural formalities to protect them. A trade secret may be protected for an unlimited period of time, unless it is legally discovered or acquired by others and made available to the public. For these reasons, the protection of trade secrets may seem particularly attractive to some companies. However, there are certain conditions under which information can be considered a trade secret. Compliance with these conditions can be more difficult and costly than it is at first glance.
19 Advanta USA Inc. v Pioneer Hi-Bred Internat`l Inc., 04-C-238-S, Slip op. (W.D. Wisc. October 27, 2004) stipulates that the Patent Act for Plant Varieties anticipates trade secrets. The crown jewels of a typical technology company are often found in its intellectual property portfolio. A good fundamental understanding of intellectual property protection is essential for entrepreneurs to add value to their company`s most important assets and create opportunities and risks. Among these most important assets is trade secrecy. On the other hand, the recipients of trade secrecy will want to know that the main strategy for IP management and technology licensing is to exploit the overlap between patents and trade secrets.
Trade secrets are property rights and can be granted or granted to others. The holder of the trade secret has the right to authorize a third party to access and use trade secrets. These examples are also somewhat limited, as trade secrets can protect not only know-how and processes, but also large amounts of collateral data, information and other know-how that are not included in patent specifications. (a) in the sense that it is secret that it is not, as an organ or in the exact configuration and assembly of its components, generally, accessible or easily accessible between persons in the environments that normally deal with the nature of the information in question; Confidentiality Agreement (confidentiality agreement, confidential disclosure agreement) However, it is important to keep in mind that the protection of trade secrets may be more difficult to implement in most countries, that the conditions and extent of its protection can vary considerably from country to country, and that significant and potentially costly efforts may be required to preserve secrecy. In addition, it should be kept in mind that protection ceases once the secret is made public.