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Your Business First

OCTROOIEN | MODELLEN

Is Keeping Things Secret the Best Option? (Trade Secret Directive)

Wat u moet weten als geheimhouden de beste keuze is

There are several ways in which you can protect your Intellectual Property. Patenting is one option, but there are times when you are better off making it a trade secret (please watch the video for a more detailed explanation).


In the past, this used to be rather tricky from a legal point of view, but this is no longer the case thanks to the introduction of the Trade Secret Directive.

Trade Secret Directive

The Trade Secrets Directive is a European Union directive which became mandatory for all EU member states on 9 June 2018. This measure makes it possible to prevent, limit or obtain compensation for damage caused as a result of leaked trade secrets/know-how.

KNOW-HOW: THE SECRET TO YOUR SUCCESS

A trade secret can be absolutely anything. A list of customers, your profit margins, an unpatented process or your company's crown jewels. It concerns know-how and confidential business information that you do not want to be disclosed for reasons of competitiveness. The secret to your success and everything related to it.

CLAUSE IN EMPLOYMENT CONDITIONS: INSUFFICIENT LEGAL BASIS

A trade secret can be absolutely anything. A list of customers, your profit margins, an unpatented process or your company's crown jewels. It concerns know-how and confidential business information that you do not want to be disclosed for reasons of competitiveness. The secret to your success and everything related to it.

CLAUSE IN EMPLOYMENT CONDITIONS: INSUFFICIENT LEGAL BASIS

All too often people think that know-how can be protected by including a general clause in an employment contract. However, everyday practice shows that, on account of their very general nature, such clauses do not provide adequate legal basis. When your trade secret is misappropriated, you will be left empty-handed. You will not be able to stop the trade secret being implemented and you will not be able to claim any damages. This can have a major impact on the continuity of your business.

 

 

Topics: INNOVATION, patent act, GENERAL, PATENTS