Trade Secrets
Trade Secrets can bring value to your company in many ways – by improving the manufacturing process, through differentiating price margins, secret operating algorithms, commercial know-how, etc.
There is, however, a need to take active steps to properly protect such business-critical information. This requirement has never been greater. Security threats can come from many directions (not in the least from within the company) and the consequences of a security incident can cause significant damage in a short time span, especially in today’s digital world.
At Bird & Bird, we are with you, every step of the way.
- We offer proactive support to assess and minimize risks via appropriate policies, documentation and training. Through a unique partnership with our consultancy arm OXYGY, we are capable of providing you with bespoke advice that goes beyond the paperwork, and actually seeing to the implementation thereof in practice.
- If push comes to shove, we can draw from our litigation experience, allowing to set up and implement enforcement strategies that allow you to react urgently to protect that what matters, recover your valuable assets and manage your reputation.
- From experience we know that timely identification of Trade Secret breaches and collection of evidence relating thereto may make the difference between a swift shut-down of the incident and a slow or ineffective attempt to do so. That is why we have also brought on board an IT forensics team, particularly skilled collecting evidence from digital storage media.
- Effective cybersecurity is a must have these days. Cyberattacks are a real and increasing threat to your business continuity. Our specialist teams are here to advise and respond.
We believe Bird & Bird is quite unique in offering such all-encompassing Trade Secrets protection service at such an international scale. Our expert teams work together as a single, cohesive unit across the disciplines, drawing on practical expertise gathered in prior assignments and litigation.
Trade Secrets Directive
Protecting the Prosperity of your Business
When a trade secret breach occurs, time is of essence. Further leaks must be prevented and trade secrets secured. This may require immediate application for interim remedies, corrective measures and other (even criminal) proceedings, possibly followed by claim for damages claims. Our litigation and arbitration specialists know the legal process in all major jurisdictions and are available to help at short notice.
Contracts are an important instrument when dealing with Trade Secrets. Trade Secrets can be subject to assignment or license agreements, aimed at utilising this intangible asset. But more generally, Trade Secrets thank their existence to the contractual framework that surrounds and safeguards them, for instance through non-disclosure agreements or other confidentiality arrangements in supply, employment or collaboration agreements. Due to the (more fragile) nature of Trade Secrets, such agreements need particular attention and experience, which we can offer.
Effective protection of Trade Secrets requires a holistic approach. A well-drafted contractual framework is only part of the solution. We go further, assisting innovative companies in reviewing, outlining and implementing bespoke Trade Secrets policies, guidelines, policy documents (either standalone or in tune with Intellectual Property policies), standard operating procedures, etc.
