Trade Secrets: New Developments And Challenges

Key Take-aways

1.

The importance of protecting trade secrets in today's business world is continually growing. Determining suitable mechanisms for protection has become a strategic decision every company must take.

2.

Switzerland does not yet have comprehensive legislation on trade secrets. Protection is provided by a number of scattered provisions, including in criminal law, sectoral and unfair competition law.

3.

The establishment of an overall framework, from the conclusion of Non-Disclosure Agreements to an enforcement strategy, is essential for the protection of trade secrets in the digital economy.

1 Introduction

Trade secrets, encompassing everything from proprietary formulas and processes to unique business strategies and customer lists, serve as invaluable assets that can distinguish companies from their competitors. Under Swiss civil and criminal law, to qualify for protection as a trade secret, information must be (1) not generally