| Non-disclosure and tainting |
Overview
Retain your competitive advantage in trade secrets (any information that provides an advantage to you as long as your competitor may not legally use the information). You can disclose trade secrets to other companies and still preserve the trade secret if you (1) systematically safeguard the information from disclosure and (2) use an appropriate non-disclosure and use limitation agreement when you must disclose the information to another company. If another company starts using your trade secret in some way, even if that company is not one of the companies that signed the non-disclosure agreement, you may nevertheless obtain a court order within a very short period of time, forcing the other company to stop using or disclosing the information and paying over to you any benefit received by the other company based on using your trade secret information.
Be aware that receiving trade secret information from another party can be extremely risky, if that information might appear to have been used in your development without a license to do so. If you release a product that includes another party's trade secret, you may be forced to either cease distributing the product or pay the other party royalty fees or some form of compensation
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+ Shanu Singh Guliani provides a business perspective
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