It is possible to protect industrial knowledge and commercial information by relying upon confidentiality or secrecy. This may be by choice or necessity. For example, a process or product may not be capable of protection by patents or other IP rights.
The UK Courts will enforce confidentiality obligations to prevent secret information being used. However, there is always the danger that you will lose the secret and then you may have no protection whatsoever.
If you wish or have to rely on confidentiality, we strongly recommend that you adopt rigorous procedures and put in pace suitable contractual wording, including for example:
- Employment contracts
- Terms and conditions of trading
- Other third party agreements
Comments