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ARTICLE · 15 AUGUST 2019

Trade Secrets – The Need To Be Systematic

The term "trade secret" is invariably included in any definition of "Intellectual Property." However, while the majority of IP types are subject to strict rules

LuxembourgIntellectual Property

The term "trade secret" is invariably included in any definition of "Intellectual Property." However, while the majority of IP types are subject to strict rules, guidelines and timeframes due to the requirement of registration (e.g. patents, designs and trademarks), trade secrets do not require such formalities. Or do they?

Most people are aware of the Coca-Cola story – possibly the world's most famous trade secret - whose recipe has been kept secret since 1886.  This has been the result of a carefully considered protection and "disclosure" strategy whereby access to the secret is strictly limited and restricted. While such a recipe can be a trade secret, virtually anything that adds value to a business can be regarded as a trade secret, and can include any method, formula, device, process or any information (technical or business, e.g., a list of suppliers) that gives its owner a competitive advantage. Even the results of failed R & D programs might be considered

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