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Trade barriers are going up across the globe. And cybercrime is on the increase. The link between the two? The value of trade secrets. As countries become increasingly protectionist as regards international trade, so their IP law has been changing, with the result that companies that previously would have sought protection through patents are opting to go down the trade secret route instead. But is this a high-risk strategy? Technology is changing and this is having an impact on forms of commercial co-operation. Collaborative or open forms of innovation by their very nature involve the sharing of intellectual property (IP), and in many instances this IP is in the form of valuable confidential business information (ie, trade secrets). Little surprise, then, that trade secrets disputes have increased accordingly. At the same time, the changes in technology make trade secrets more vulnerable to attack, misappropriation, theft. So just how effective are the legal protections for trade secrets? How can organisations safeguard the value in their IP (increasingly, the single biggest line in their balance sheets)? This programme is designed to help you address these issues. Note: this is an indicative agenda, to be used as a starting point for a conversation between client and consultant, depending on the organisation's specific situation and requirements. This session is designed to give you a deeper understanding of: Emerging trends in trade secrets protection and exploitation The current situation in key jurisdictions Recent case law How leading companies are responding The importance of trade secret metadata Different external stakeholders and their interests Key steps for effective protection of trade secrets Note: this is an indicative agenda, to be used as a starting point for a conversation between client and consultant, depending on the organisation's specific situation and requirements. 1 What are trade secrets? Definitions Examples Comparison with other forms of IP (patents, confidential information, know-how, copyright) 2 Current trends The various changes taking place affecting trade secrets - legal changes, trade wars, cybercrime, technology, commercial practice The current position in the UK, Europe, USA, China, Japan, Russia Corporate best practice 3 Trade secret disputes - how to avoid them Trade secret policies, processes and systems Administrative, legal and technical protection mechanisms The role of employees The sharing of trade secrets with others 4 Trade secret disputes - how to manage them Causes Anatomy of a trade secret court case 'Reasonable particularity' 5 Related issues Insurance Tax authorities and investigations Investor relations 6 Trade secret asset management roadmap Maturity ladder First steps Pilot projects
Software comes in a variety of guises - application software, firmware, middleware, system software. Increasingly, however, it doesn't necessarily present that way, especially as the boundaries between software, data and source code are becoming more and more blurred. And as software becomes more complex and more difficult to disentangle, so it becomes harder to manage and to value. But as it becomes more integral to every aspect of a business, so it is ever more important to keep on top of the technical, legal and commercial issues that arise, issues such as: To address these issues, organisations need a process for evaluating their current situation from all perspectives and for identifying the key actions they need to take to ensure holistic management of their software. This very practical programme will help set your organisation on the right path. Note: this is an indicative agenda, to be used as a starting point for a conversation between client and consultant, depending on the organisation's specific situation and requirements. This programme is designed to give you a deeper understanding of: The technical, legal and commercial risks associated with software development, procurement, use and commercial exploitation The most appropriate processes and responsibilities for managing those risks Note: this is an indicative agenda, to be used as a starting point for a conversation between client and consultant, depending on the organisation's specific situation and requirements. 1 Software business model What is the software business model? What options exist? Has the software business model been thoroughly reviewed to ensure its viability? This means fully understanding the market opportunity, the business environment and customer and end-user expectations. 2 Technology What are the technologies? How has the technology selection been validated considering the competitiveness, structure, and potential for future innovation? 3 UI and UX What is the UI and UX? How to best articulate this? Has the user interface and user experience been studied from both a subjective and objective view to give insight into customer behaviour? 4 Legal framework / commercial aspects Has the necessary legal framework or commercial aspects that may impact upon use or operation of the software been understood and risks identified and mitigated? 5 Software development What is the software development process? Are both the business management and development team's processes resilient in order to improve the company's capability and the maturity of the software? 6 Software quality What is quality? What are the metrics around software quality? What is the maturity level, based around a qualitative and quantitative assessment? 7 Intellectual property associated What IP should be considered when it comes to software? Does the company understand both the intellectual property risks and potential opportunities associated with this software? 8 Security What does software security mean in this context? How is it being addressed? 9 An holistic approach Review of roles and responsibilities to ensure appropriate management and protection