How Not To Kill Trade Secrets With Non-Competes And NDAs: A Global Survey

As one method of safeguarding trade secrets and shielding them from misappropriation, companies often use non-competes and non-disclosure agreements (NDAs). The problem, however, is that non-competes and NDAs may not always be legally enforceable, thus falling short of delivering the intended protection.

This article offers a brief global survey highlighting the enforceability of non-competes and NDAs in seven key jurisdictions around the world.

What are trade secrets?

For many companies, regardless of their size, the most prized intellectual property asset may not be a registrable asset (e.g., a patent or a trademark), but rather a trade secret – one that allows the company to maintain a competitive edge. Typical examples include core technical know-how, source code and data.