| Safeguard proprietary information |
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 you discover that an unauthorized person has acquired your trade secret, you may seek a court order restraining that person from disclosing the information or using it. In addition, a court may impose a financial award in your favor based on any "unjust enrichment" received by the unauthorized party or you own loss of profit.
In order to prevail in such litigation, you must produce witnesses and documents that prove that you systematically safeguarded the information from disclosure and that when you did disclose the information, you did so under a non-disclosure agreement. You need to have a policy that requires content creators in your company to mark documents "confidential". Your policy may have several categories of confidential information. (e.g "restricted confidential" "internal use" etc.) Your evidence must also shown that your company has deployed the policy by training employees to adhere to it and that your company strictly enforces the policy. A confidential disclosure agreement by itself is most likely not enough to protect a trade secret without a well deployed and enforced safeguarding policy.
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