DALDEWOLF Trade Secret Offer

We offer a tailor made trade secret management and protection system, in line with the requirements of the trade secret directive, that will enable your organisation to fully benefit from the new EU trade secret protection regime. Any question? Email us at vdlc@daldewolf.com

I.    WHY ARE TRADE SECRETS IMPORTANT

The trade secret paradox. Trade secrets play a major role in protecting returns from innovation and their economic importance has become key in our knowledge based economy. A recent EUIPO study confirms the widespread use of trade secrets by EU companies to protect their innovations, with most EU businesses favoring trade secret protection over the use of patents. At the same time, our experience highlights the lack of trade secret protection culture within most organizations, with only very few companies having inventories of their trade secret portfolio and a corresponding action plan for preventing and tackling trade secret theft.   

A new trade secret protection regime soon to be implemented. By June 9, 2018 at the latest, the Trade Secret Directive n°2016/943 will be transposed into the national laws of all EU member states. Its aim is to strengthen the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. Active measures need to be taken however in order to benefit from this new regime.

More tools but higher risks and liability. Businesses that meet the requirements set by the trade secret directive will be granted more tools to act against the misappropriation of their confidential information. At the same time, all companies recipient of trade secrets shared by their clients, suppliers or business partners (i.e. 99,9% of companies) will be more exposed in case they fail to handle those appropriately.

Time to act. In order to benefit from the new trade secret protection regime and to avoid being the target of accusations of illicit use of trade secrets shared by others, businesses need to actively put in place adequate trade secret protection and management mechanisms.


II.    HOW WE CAN HELP

DALDEWOLF is there to help. We have defined a tailor made and legally compliant trade secret management and protection offering that will enable your business to meet the new trade secret protection requirements. As a result, you will be better equipped to fight against misappropriations of confidential information and will reduce the risks of being targeted for alleged illicit use of a third party’s trade secrets.

  • Step 1 - INTRODUCTORY TRAINING on trade secret protection 

Questions addressed: What is a ‘trade secret’? Why are they important? How to identify, categorize and classify them? How are trade secrets defended? What ‘reasonable steps’ to implement to benefit from the new regime? How to establish a trade secret culture? What are the main risks and how to address them? 
Result for your company: Awareness of key employees and ability to better identify trade secrets within the organisation

  • Step 2 - INTERVIEWS with key people in charge on the basis of questionnaires

Questions addressed:  What trade secrets does my organisation have, share, receive from others? What are their importance? What processes are already in place to protect the secrecy of my organisation’s confidential information? What risks am I aware of? Were trade secrets already misappropriated in the past?
Result for your company: Key employees equipped to proceed with the mapping of your organisation’s trade secrets. First batch of information collected to proceed with mapping and gap analysis.

  • Step 3 - MAPPING and CLASSIFICATION of the trade secrets and confidentiality processes in place

Result for your company: inventory and classification of trade secrets handled by your organisation and of the confidentiality processes in place

  • Step 4 - GAP ANALYSIS

Questions addressed: on the basis of the mapping exercise and a document analysis (key contracts, confidentiality policies, HR practices), we will identify the “red flags” that should be addressed in order to comply with the trade secret directive requirements and the priority with which this should be done (e.g. review of contracts, internal procedures for protecting confidential information, etc.). Where useful, we will propose a collaboration with technical partners (security experts, trade secret management tool provider, patent attorneys, etc.).
Result for your company: clear overview and understanding of the measures to undertake to maximise your organisation’s trade secret protection and to enhance the handling of the trade secrets of others

  • Step 5 - IMPLEMENTATION

Whenever needed, DALDEWOLF assists you with the implementation of the measures identified during the gap analysis (definition of confidentiality processes, updating of trade secret inventory, contract review, drafting of confidentiality policies, training of employees, suppliers and business partners, etc.)
Result for your company: A trade secret management and protection system in place, in line with the requirements of the trade secret directive. Value creation through increased protection of your organisation’s confidential information and reduction of risks as a trade secret recipient. 

 

 

III.    YOUR TRADE SECRET ACTION PLAN

  1. AUDIT - Proceed with an internal audit of your trade secrets and confidential information protection measures

  1. INVENTORY - Organize a trade secret inventory and classify your trade secrets

  1. IMPROVE - Review your contracts, confidentiality policies, confidentiality processes and protection mechanisms as well as HR practices

  1. EDUCATE - Raise awareness and provide trade secret protection training to your employees, suppliers and business partners

  1. MONITOR AND REACT - Have a person in charge and define a trade secret misappropriation action plan. Your people need to know what to do and whom to contact when a misappropriation is spotted.

IV.    ANY QUESTION? 

For any question on the protection of your trade secrets or for a fee quote, our DEDICATED TEAM is there to help:

  • Valentin de le Court – DALDEWOLF IP/IT Partner
  • Sari Depreeuw – DALDEWOLF IP/IT Partner
  • Chloé Ponsaert – DALDEWOLF IP/IT team

CONTACT US at vdlc@daldewolf.com