Some things are best kept secret: Protecting your brand through trade secrets
In addition to trademark and copyright, trade secret protection is an essential component of brand protection in China, but one which is frequently overlooked.
Brands rely on many different kinds of trade secrets, know-how and confidential information. This can include how a product or service is designed, manufactured, distributed, marketed and sold, to which groups, through which channels and at what times. Canny use of trade secrets can be what turns a good product or service into a hit on the market.
Foreign brands often work with local partners or employees to assist China market entry, inevitably involving a disclosure of valuable trade secrets. Without adequate protections, the brand may discover that trade secrets are “a genie which cannot be put back in the bottle”. In some cases, a former partner or employee may become a competitor, capable of conceiving and launching a competing product or service using the know-how of the foreign brand but with a “home field” advantage.
What DLA Piper can offer you
Our specialist team of lawyers can help you by:
- Drafting and reviewing legal agreements to protect trade secrets, including confidentiality and non-disclosure agreements;
- Advising on practical measures which can be taken to protect trade secrets, on top of legal agreements; and
- Advising and assisting with unwanted disclosure of trade secrets, including enforcement action.
For more information about how our PROTECTTM service can help you, please see our website at dlapiper.com/protect or contact the lawyers below or your usual DLA Piper contact.
