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ARTICLE · 07 JUNE 2012

Can You Keep A Secret?

Most businesses make use of some form on trade secret/s in their daily operations.

South AfricaIntellectual Property
Reggie Dlamini
Reggie Dlamini

Most businesses make use of some form of trade secret/s in their daily operations. Almost any confidential information which provides a company with a competitive advantage could be a trade secret. This includes business methods and/or systems, databases, formulae, designs, software, manufacturing processes, recipes, customer lists, etc. The potential value in this form of intellectual property becomes immediately apparent if one considers, for example, the secret COCA COLA formula which is reputed to be among the world's best kept secrets.

One of the advantages of trade secret protection as opposed, for instance, to a patent is that the protection could potentially last for an indefinite amount of time, provided of-course that the information remains secret. By contrast, in South Africa a patent lasts for only 20 years. Once it expires everyone becomes entitled to copy the previously patented invention. On the other hand certain information simply is not patentable,

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