This chapter is about practical guidance on what to do in case you suspect that your business secret has been stolen, which can sometimes be a trade secret or a sensitive information; this guidance is on how to develop the pre-litigation strategy (i.e. what to do before starting any litigation) and the possible protection given by civil and criminal law. No matter which protection measures you take, business secrets still can be stolen, e.g., by a hacker breaching your electronic protection measures or by an unfaithful/disgruntled employee having full access to manage these trade secrets. In either case you need to know what to do and which steps should be taken. For both civil and criminal law this chapter evaluates the potential pros and cons of each of these legal remedies implementing protection measures to secure your business secrets. Protection measures are not only useful to safeguard your company’s value but are also a pre-condition to obtain legal protection. Many countries protect trade secrets through civil and criminal laws; this allows different strategies to be implemented by the IP manager.

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Dispute Strategies to Protect Business Secrets

  • Antonio Di Bernardo,
  • Mattia Dalla Costa

摘要

This chapter is about practical guidance on what to do in case you suspect that your business secret has been stolen, which can sometimes be a trade secret or a sensitive information; this guidance is on how to develop the pre-litigation strategy (i.e. what to do before starting any litigation) and the possible protection given by civil and criminal law. No matter which protection measures you take, business secrets still can be stolen, e.g., by a hacker breaching your electronic protection measures or by an unfaithful/disgruntled employee having full access to manage these trade secrets. In either case you need to know what to do and which steps should be taken. For both civil and criminal law this chapter evaluates the potential pros and cons of each of these legal remedies implementing protection measures to secure your business secrets. Protection measures are not only useful to safeguard your company’s value but are also a pre-condition to obtain legal protection. Many countries protect trade secrets through civil and criminal laws; this allows different strategies to be implemented by the IP manager.