To decide whether or not the protection of trade secrets, the company must consider the pros and cons of this strategy compared to other IP instruments.

In terms of benefits, a trade secret:

  • No charge will be linked to registration
  • Is not limited in time
  • Takes effect immediately
  • Does not require disclosure or registration with government

The disadvantages are:

  • If the secret is embodied in a product, others may discover it and use it legally reverse engineering
  • Protection is not granted if the secret is disclosed to the public
  • The protection applies only in cases of acquisition, use or wrongful disclosure of confidential information
  • This protection is weaker than that conferred by the patent
  • If the secret is embodied in a product, others may discover it and use it legally through reverse engineering – see below
  • A trade secret provides no protection against those that lead to the same idea independently confidential.

Therefore, a trade secret can be protected by a patent may be patented by a third party who has developed independently. Quite a difference compared to patents also protect the proprietor against those who develop the same invention independently.

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