Trade secrets are an often overlooked form of brand protection. Trade secrets are simply information, techniques, procedures, codes, patterns, plans, processes, formula, prototypes, etc., that are developed confidentially and that are kept confidential. This even includes customer lists and instructional methods. The Coca-Cola syrup formulation is an example of a trade secret. (The added value of this approach from a brand perspective is that it often creates a mystique that has its own cache.)
Sometimes it is better to keep something a trade secret than to patent it. In some industries, companies routinely watch for competitors' new patents and then try to design around them. Non-compete and nondisclosure agreements are important, but not infallible, in protecting trade secrets. The Economic Espionage Act of 1996 protects trade secrets against theft. Information is legally considered to be a trade secret if an organization can show that it took reasonable measure to keep the information secret and that there is economic value to the information not being made public.
A business can protect its trade secrets in the following ways:
•Share confidential information only on a “need to know” basis.
•Limit the number of employees exposed to trade secrets. Always inform employees exposed to those trade secrets that (a) they are being exposed to secrets and (b) the importance of keeping the secrets secret.
•Mark all confidential documents “confidential – no copies allowed.” For added security, number each copy and keep a log of which numbered copy was given to which employee.
•Use access logs for trade secrets.
•Require anyone (employees, suppliers, customers, consultants and other business partners) who might come in contact with trade secrets to sign confidentiality and non-disclosure agreements before the relationship begins.







