Intellectual Property Law

New Matter SPRING 2023, VOLUME 48, EDITION 1

THE LICENSING CORNER

Sean Hogle

Rooney Nimmo PC

CONFIDENTIALITY AGREEMENTS THAT FAIL TO PROTECT TRADE SECRETS

A trade secret is a unique and singular form of intellectual property. Its value is fundamentally derived from one overriding attribute: it’s a secret. It’s not generally known or ascertainable among those who could profit from its use. If it becomes so, it’s no longer protected by law—rather, it’s in the public domain, and anyone is free to use it (absent any patents that may apply). Hence the enterprise with trade secrets takes fierce measures to protect their secrecy, and to be seen as doing so via convincing proof.

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