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Trade Secret Protection

What is the difference between a Patent and a Trade Secret?

A patent gives exclusive rights but requires public disclosure and expires after 20 years. A trade secret requires no registration, lasts forever as long as it remains secret, but offers no protection against independent discovery.

How to mark documents as confidential?

You should physically stamp or digitally watermark documents with "CONFIDENTIAL" or "TRADE SECRET." This simple step is crucial evidence in court that you intended to keep the information private.

Can I protect a recipe as a trade secret?

Yes, famous examples like Coca-Cola use trade secret law. To do this, you must strictly limit who knows the recipe, segment the knowledge so no single person knows it all, and use NDAs.

What is an Information Audit?

It's a process of identifying and cataloging all valuable information within your company to determine what qualifies as a trade secret and applying appropriate protection levels to each category.

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Trade Secret Protection is a preventive strategic service aimed at securing a company's valuable information before leakage or theft occurs. Unlike a patent, which requires public disclosure, the value of a trade secret lies precisely in its secrecy. However, the law does not automatically protect information unless the owner has taken "reasonable measures" to safeguard it. This service involves auditing information flows within the company, identifying confidential data, and implementing a comprehensive protection system. This system includes legal documentation as well as physical and digital security measures. A properly built protection system not only reduces the risk of data loss but also serves as key evidence in court that the company treated its assets with care.

What Does Trade Secret Protection Service Cover?

Specialists at Legal.ge offer a systematic approach to protection:

  • Information Audit: Classifying company information (client lists, pricing methods, recipes, code) into public, internal, and secret categories.
  • Physical and Digital Security Consulting: Advice on restricting server access, document storage, and destruction protocols.
  • Document Marking: Implementing a system where secret documents are stamped "Confidential."
  • Access Hierarchy Creation: Defining which employee needs access to what information (the "Need to Know" principle).
  • Staff Training: Raising employee awareness about information security issues.
  • Third-Party Relations: Developing secure communication protocols with partners and contractors.

Real-World Scenarios Where You Need This Service

Preventive protection is essential for:

  • Tech Startups: You have a unique algorithm you don't want to patent (to avoid disclosure). You need to protect it as a "black box."
  • Ad Agencies: You hold extensive client databases and marketing strategies.
  • Manufacturing: You have a unique production method (like the Coca-Cola recipe) unknown to competitors.
  • Remote Work: Employees work from home accessing company servers. Security protocols are needed.

Georgian Legal Framework and Regulations

The protection strategy is based on the requirements of the Civil Code of Georgia. The Code explicitly states that information is a trade secret only if its owner has taken "reasonable measures" to keep it secret. This means if a document was left on a desk for anyone to read, the court will not consider it a secret. The Labor Code and the Law on Information Security (for certain organizations) are also relevant.

Service Process Step-by-Step

Implementing a protection system involves:

  1. Diagnostics: Lawyers and IT specialists assess the current situation.
  2. Plan Development: Identifying weak points and writing a remediation plan.
  3. Documentation Preparation: Updating bylaws, instructions, and contracts.
  4. Implementation: Activating new rules and introducing them to employees.
  5. Monitoring: Periodic checks to determine system effectiveness.

Why Choose Legal.ge?

Legal.ge gives you access to experts who understand both law and business processes. A legal document alone is not enough; a comprehensive approach is required. Our specialists will help you build a "protection wall" around your most valuable assets.

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Specialists for this service

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