Trade Secret Services FAQ

• What if an employee leaves with my information?
  
  Contracts are your first line of defence. We can enforce Non-Disclosure Agreements (NDAs) and restrictive covenants to stop them from disclosing your secrets or using them in their new job. 

• Can I sue if someone steals my trade secrets?
  
  Yes. You can take legal action for breach of contract or breach of confidence in the civil courts to seek damages or an injunction. 

• What types of information can be protected?
  
  It covers both Technical Information (manufacturing processes, designs, source codes) and Commercial Information (client lists, marketing strategies, financial data). Famous examples include the Coca-Cola recipe and Google’s search algorithm. 

• How do I maintain secrecy internally?
  
  We recommend a combination of legal and technical measures: using NDAs, limiting access to “need-to-know” staff, encrypting data and even using physical safe boxes for critical formulas. 

• How long does trade secret protection last?
  
  A trade secret can be protected forever.
• How do I know if my information qualifies as a trade secret?
  
  It must meet three criteria: (1) It must be confidential (known only to a limited few); (2) It must be commercially valuable; and (3) You must have taken reasonable steps to keep it secret. 

• Do I need to register trade secrets?
  
  No. Trade secrets involve no registration costs and require no filing with MyIPO. Protection exists automatically as long as the secret is kept. 

• What if a competitor figures out my secret on their own?
  
  Trade secret law offers no protection against independent discovery or reverse engineering. If a competitor develops the same technology through their own R&D, you cannot stop them. 

• Should I patent my invention or keep it as a trade secret?
  
  Patents give you a monopoly but require public disclosure of your invention. Trade secrets keep the technology hidden but offer no protection if someone else invents it. We can help you weigh the risks based on your industry. 

• Is it expensive to protect a trade secret?
  
  While there are no registration fees, there are costs incurred to maintain secrecy, such as implementing IT security infrastructure and legal fees for drafting strong agreements.

  This article is written by 

  Azarith Sofia Binti Aziz
  Principal Associate, Low & Partners