Today's General Counsel, V15 N2, Summer 2018

Page 22

SUMMER 2018 TODAY’S GENER AL COUNSEL

Intellectual Property

Integrating Trade Secrets into a Comprehensive IP Strategy By John Tanski and Jason Murata

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any companies implement policies to protect their patent and copyright assets; but too often trade secrets, estimated by the U.S. Chamber of Commerce to constitute as much as 80 percent of a company’s value, are given scant attention. Although there is a web of federal and state trade secret laws, a fundamental requirement for protection under all

of them is that reasonable measures be taken to safeguard these valuable assets. Showing that a business has a protection policy, and that it is followed, can therefore be powerful evidence in establishing the required elements of a misappropriation claim. Identifying Your Trade Secrets Companies that conduct R&D often

have a patentability procedure. The procedure typically involves identifying potentially patentable inventions, determining whether protection should be sought, protecting the invention while any patent application is pending and rewarding inventors for their patents. This type of process accomplishes several valuable objectives. It encourages inventors to bring their discoveries to the


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