More Resources

Home > Encyclopedia > Category > Inventing > Trade Secrets

Trade Secrets

Definition: Information used by a business, which can be legally protected that is secret to the general public and is critical to the livelihood and success of a business

How a product is made or ingredients that go into it, even customer lists, can be protected as a trade secret. Source codes for computer programs and the formula for Coca-Cola® are common examples. The critical requirement for trade secret protection lies in maintaining the secret. Methods or information revealed to the public cannot be protected under trade secret laws.

As is the case with computer crime, protecting your trade secrets and other proprietary information is largely a matter of common sense. The first thing to do is identify your trade secrets. These include any information you use to operate your business that you consider valuable enough--and secret enough--to give you an edge over your competition. Trade secrets can be product designs, customer lists, sales forecasts and many other types of data.

Once you've conducted an audit of your trade secrets, you need to set up policies to protect them. These can consist of the following:

  • Make sure everyone who sees your secret information is aware that it is secret. Notify partners, customers, suppliers and employees exposed to proprietary secrets that the material is confidential. Get them to agree not to use it against you or to disclose it to anyone without your written permission. Get this in writing; and have them sign these nondisclosure agreements. Stamp documents "Confidential."

  • Enforce physical security. Put up "No Trespassing" signs, erect fences, lock entrances and exits, and hire security guards. Lock your secrets up.

  • Use employee and visitor identification badges to control access to your business. Establish rules requiring people to sign sensitive documents in and out.

  • Set up passwords. Use them to access computers, copiers, fax machines and other machines that could be used to copy or transmit secrets.

  • When employees leave, take measures to ensure that secrets don't leave with them. Collect sensitive materials from the offices of terminated employees before allowing them to return to their desks. And before they go, remind them of the nondisclosure documents they signed.

Marketplace

Learn how to distribute a press release

Try our new online printing. theupsstore.com/print
Encyclopedia Search
 
Terms A-Z:
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z #
Quick Tip

Don't forget to protect what is potentially your most valuable property. Update your roster of trade secrets and intellectual assets periodically. Make sure the policies you have in place are protecting what's important now as opposed to two years ago.


Today on Entrepreneur
Entrepreneur Connect
How do you feel about Windows 7?
Do you use Windows 7 to run your business? If so, why? Is it better than Vista? Let's also hear from the Mac people out there.
Resource Centers
Where Business Gets Done
Revisit the lost art of the meeting, the pitch, the presentation and the all important handshake to close the deal.

Insurance Center
Review your company's needs, save on workers' comp, protect your business from lawsuits and more.

Startup How-To Guides
Step-by-step guides to launching your business.

Commercial Vehicle Center
Get the right ride for your business.


Sign Up for the Latest in:
e-Business & Technology
Franchise News
Business Book Sampler
Starting a Business
Sales & Marketing
Growing a Business

E-mail*
Zip Code*



Latest Features
Meet the innovators who faced repeated rejection and triumphed despite the cynics.
Take our ONLINE QUIZ to find out now!
Is the man who treats life--and business--as an extreme sport more like you than you think?
It starts with strategic thinking and thoughtful growth. Here's an inside look at how two successful businesses went from zero to $1 billion.