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