While much focus is often given to ‘harder’ forms of IP protection such as patents, trade marks, and registered designs, an often overlooked area of IP lies in trade secrets and know-how. These ‘softer’ forms of IP can be just as valuable (and in some cases, more valuable) than registered rights. However, it is important not to be complacent about these forms of IP simply because there is no registration involved – the control of information can be key to protecting the IP at the heart of your business.
Information Control relates to the important issues around confidentiality: who knows what about your innovation; what you should and shouldn’t disclose; when and how you should disclose any information should you need to do so; etc.
Failure to control information in the correct way could have a major impact on your ability to legally obtain protection for your innovation, product, design or trade mark, opening up your exposure to copycats and knock-offs.
Our advice here relates to:
- Advising on trade secrets and proper marking of information, and information ‘silo-ing’
- Non-disclosure Agreements (NDAs)