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IN CONFIDENCE: PUTTING IN PLACE A TRADE SECRET PROTECTION PROGRAM

IN CONFIDENCE: PUTTING IN PLACE A TRADE SECRET PROTECTION PROGRAM. Najmia Rahimi Senior Program Officer, SMEs Division World Intellectual Property Organization. Outline. What’s a Trade Secret ? Definition and main criteria Why to protect trade secrets ?

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IN CONFIDENCE: PUTTING IN PLACE A TRADE SECRET PROTECTION PROGRAM

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  1. IN CONFIDENCE:PUTTING IN PLACE A TRADE SECRET PROTECTION PROGRAM Najmia Rahimi Senior Program Officer, SMEs Division World Intellectual Property Organization

  2. Outline • What’s a Trade Secret? • Definition and main criteria • Why to protect trade secrets? • Pros and cons of trade secrets’ protection • Trade secret management program • Building it up in a company • Misappropriation of trade secrets • How trade secrets get stolen • How to protect them • Violation of trade secrets • How to establish an violation • What are the remedies • Audit of trade secrets: main steps

  3. What’s a Trade Secret?

  4. Trade Secret is Information • Any: technical, commercial, financial, strategic, logistical, scientific, etc. • Not generally known to the relevant business circles or to the public • Confers economic (commercial) benefit to its owner because of the fact that it is secret • Is subject to reasonable efforts to maintain its secrecy.

  5. What’s a Trade Secret?

  6. Examples • Production processes • (Chemical) formulas: drinks, food, cosmetics, medicine, etc. • Software • Projects, models, etc. • Procedural tests • Marketing, development, research, strategic plans • Negative information ( processes which do not work, etc.) • List of clients and information about them • Prices, costs-related information • New ideas, methods, understanding

  7. One of the most famous examples -formula of Coca-Cola drink

  8. Pros and Cons of Trade Secret Protection

  9. Pros and Cons of Trade Secret Protection

  10. How to build up a trade secret management program in a company?

  11. Trade secret management program in a company: Steps

  12. Trade secret management program in a company: Steps

  13. How trade secrets get stolen?

  14. Misappropriation of trade secrets

  15. Misappropriation of trade secrets

  16. Misappropriation of trade secrets

  17. Misappropriation of trade secrets

  18. How trade secrets get stolen: What would be your comments on the Norden Case?

  19. Protection of trade secrets • Most countries do not have specific laws on trade secrets. • Protection of trade secrets is established in: • Civil Laws • In Unfair Competition Laws (for instance, in Germany) • In Contract Law (in many countries) • In Criminal Law (for instance, in the EU countries, USA, Russia)

  20. How to establish violation of trade secrets?

  21. Remedies Against Violations of Trade Secrets • Court order to stop illegal acts (injunction) • Monetary compensation (damages, lost of profits, unjust enrichment, etc.) • Seizure order (to check defendant’s premises, to take evidence, etc.) • Precautionary confiscation/seizure of articles that contain trade secrets or products resulting from their use/misuse • Destruction of infringing articles • In some countries, imposition of punitive damages

  22. Audit of Trade Secrets

  23. Audit of Trade Secrets: Steps

  24. Audit of Trade Secrets: Steps

  25. Trade Secret Protection: Checklist:

  26. Thank you!Najmia.rahimi@wipo.int

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