Checklist for a Trade Secret Policy

State:
Multi-State
Control #:
US-CP0604AM
Format:
Word; 
Rich Text
Instant download

Description

This sample form, a detailed Checklist for a Trade Secret Policy document, is for use in the computer, internet and/or software industries. Adapt to fit your circumstances. Available in Word format.
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FAQ

There are essentially four elements to the existence of a trade secret: (1) It must be original. (2) It must be commercially valuable information. (3) Not in the public area. (4) The subject of reasonable efforts to maintain it confidential.

Popular examples of trade secrets include the recipe for Coca-Cola and the formula for WD-40. Trade secrets may also include items that a person or company has not chosen to patent yet, such as a new plant hybrid or mechanical invention.

There are no formal requirements or applications to file in order to obtain a trade secret it exists if there is confidential information that a company takes reasonable steps to protect from public acquisition.

Protecting software as a trade secret has some advantages to using a copyright or patent. For example, trade secret protection does not requireas copyrights or patents doan application and upfront filing cost. Trade secretsperhaps obviouslyare much more secret than more publicly available patents or copyrights.

Your company's trade secrets in paper or electronic format should be accompanied by a confidentiality notice. Each page should be stamped Confidential. The notice should notify all parties that the document includes trade secrets and that access to the information is limited by your business.

Identify What Needs Protection. Label Documents That Contain Protected Information. Monitor Where Information is Stored. Secure Computers. Maintain Secrecy With Outside Vendors. Provide Adequate Security. Limit Public Access to the Company.

Trade secrets are protected under law, notabley by the Lanham Act and Uniform Trade Secrets Act, however there is no formal registration procedure. Protection lasts only as long as the trade secret remains that way, but can last forever if nobody discloses the secret.

Popular examples of trade secrets include the recipe for Coca-Cola and the formula for WD-40. Trade secrets may also include items that a person or company has not chosen to patent yet, such as a new plant hybrid or mechanical invention.

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Checklist for a Trade Secret Policy