Identifying And Enforcing Trade Secrets In The Food And Beverage Industry

Trade secrets provide a business with an opportunity to obtain a commercial advantage over competitors who do not know or use the secret. Trade secrets do not have to be significant innovations, just new and unknown, with at least a minimal degree of skill applied by the secret owner to obtain it. Many food and beverage businesses do not realize that even a simple new manufacturing process or formulation could give rise to a protectable trade secret. However, the secret must be managed carefully to initially qualify as a trade secret, and then to avoid loss of rights. This article will provide a brief overview of trade secret protection, as well as show how they can be used to protect against misappropriation by former business collaborators, as well as departing employees and their new employers.