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Non Disclosure Agreement Trade Secret

Given the precedent created by the examples of case law cited above, the way is for companies to find clear lines that distinguish between “regular” confidential information and trade secrets, especially in the NDAs. The current implementation of a single system for classifying all information as confidential may be beneficial, but its applicability would be extended if companies chose to include a separate section that would simply remove “trade secrets” from other information. The use of language in the sense of “trade secret or not” would complement the definition of “confidential information” in confidentiality agreements. Trade secrets are not only essential to the economic viability of a business, but they also have independent economic value as long as they remain secret. Therefore, a trade secret differs from a broader category of confidential business information. [xxii] What can you do, in addition to taking steps to protect your trade secret? A pure NOA generally restricts only unauthorized disclosures of confidential information, but it does not stop the use of confidential information once it has been disclosed. In California (and some other U.S. states), there are special circumstances regarding confidentiality agreements and non-compete clauses. California`s courts and legislatures have indicated that they value the mobility and entrepreneurship of a worker in general more than protectionist doctrines.

[7] [8] According to the court, the information will only be considered a trade secret in California if reasonable efforts have been made to protect their confidentiality. “Reasonable efforts have been made to inform employees of the existence of a trade secret, to limit access to a trade secret at the base of knowledge, and to control access to facilities.” [xii] Extreme and too costly measures should not be taken to protect trade secrets. However, the disclosure of trade secrets under a limited-time NOA has resulted in previous denials of the protection of trade secrets. [xiii] You must disclose secrets only when you file your patent application, but not while the patent is in effect. Once your patent application has been approved, you can develop other proprietary objects based on your invention without disclosing them, and you can keep them as trade secrets. In addition, the Supreme Court of Canada of Merck Frosst Canada Ltd. (Minister of Health) has recognized that the common law does not tend to make a clear distinction between a trade secret and the broader category of confidential information. [xix] Although business secrecy is a “technical legal concept,” it does not have a complete definition. [xx] In analyzing Article 20 (1) of the Access to Information Act, the Tribunal defined a trade secret as a requirement: this article will only require an analysis of the commercial application of NNAs, will be examined how they can be used to protect companies from trade secrets, but not limited to trade secrets, data protection , consumer protection, consumer protection, copyright, and confidentiality and patents, both to the employer and the worker.

This definition of trade secrets will be useful to future jurisprudence. This case law dealt with the issue of disclosure of trade secrets at the end of a specified period of time and the consequences of the expiry of the contractor`s obligation to protect trade secrets after a specified period of time.


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