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The Intellectual Property StrategistFeaturesIntellectual PropertyTrade Secrets

Protection for Confidential Business Information In a Changing Non-Compete Landscape

By Stephen M. Kramarsky and John Millson
June 01, 2024

It is no secret that modern technology-enabled firms go to great lengths to protect their proprietary information. Nor is it a secret why. The "formula for Coke" is the quintessential trade secret, but these days a proprietary algorithm for targeted advertising or a "black box" trading strategy that provides an actual or perceived edge over the market can be far more valuable — and its secrecy more central to a company's ultimate survival — than even that venerable recipe.

Not all proprietary information can be protected by traditional intellectual property regimes such as patents or copyrights, at least not in the long term, so companies must be prepared to employ a variety of other mechanisms to keep their confidential materials from becoming publicly available. For example, employees who have access to proprietary information are often required to sign confidentiality agreements that prohibit the use or disclosure of such information outside the course of their work.

In addition, employees may be required to sign non-compete agreements that restrict their ability to engage in competitive business for some period following the termination of their employment.

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