Protecting trade secrets requires offensive action as well asdefensive, and is constantly evolving. The following steps should betaken to ensure maximum protection:
1. Identify What Needs Protection
Identifyeach piece of information that you wish to protect and create a systemof identifying newly created material that requires secrecy. Whenselecting, try not to be too inclusive because this might trivializeprotection of trade secrets.
2. Label Documents That Contain Protected Information
Documentsthat contain or reflect trade secret information should be labeled”confidential.” Limit copies and circulation of these documents and,when necessary, number copies and require the documents be checked inand out.
3. Monitor Where Information is Stored
Conduct aninformation audit to determine where vital information is stored and whohas access to it. Include all hard copies, desktop and laptopcomputers, and diskettes. Look for potential weak spots.
4. Secure Computers
Requirepasswords for access to computers containing sensitive information.You’d be amazed how many laptop computers are stolen each year. VisaInternational even had a desktop computer stolen that containedconfidential information on thousands of credit card accounts.
5. Maintain Secrecy With Outside Vendors
Incontracts with outside entities, include a strict confidentialityprovision regarding the trade secrets. When outsourcing production ofany of your products, try to choose different vendors for differentparts. Do not disclose the final product or the relationship between thepieces.
6. Provide Adequate Security
For a smallerbusiness, perhaps a locked filing cabinet is enough security. Biggercompanies might need security officers, secure zones and badges.
7. Limit Public Access to the Company
Curb public tours and require that all visitors sign in.
8. Use Caution Internationally
Understandthat not all countries respect U.S. policies protecting trade secrets.If you are conducting business internationally, be very careful to whomyou disclose information.
9. Set Up Employee Training and Policies
Requirethat all employees who will be working with trade secrets take trainingand sign a non-disclosure agreement and a company policy regardingprotection and proper handling. Provide refresher courses. Ifinformation is mishandled, let the employee know and take disciplinaryaction if needed. Hold exit audits with employees leaving the companyrequiring them to return any trade secret materials and reminding themof their non-disclosure agreement.It is important to be carefulwhen dealing with employee policies, as there are strict laws governingconfidentiality and non-compete agreements. It’s a good idea to have alawyer review the wording of such clauses, or have a lawyer write them.Intoday’s world, this is also dependent upon network protection.Corporate protection is only as good as a company’s cyber protection,which we have seen time and time again in the form of breaches, leaks,and attacks. Constant network intrusion monitoring is required, withcontinuous updates and patches, as well as analytical monitoring ofnetwork intrusion attempts and their location.
References:
Protecting Trade Secrets. (2016, June 20). Retrieved from https://smallbusiness.findlaw.com/intellectual-property/protecting-trade-secrets.html