Secrets trade

The most difficult intellectual property to protect is that of a trade secret, or know how , which is specific to that business. Know-how is often immediately exploitable information, for instance manufacturing process details or the constitution of mixtures, which when obtained avoids the need to carry out the more time consuming and expensive aspects of R D. 

Contracts of employment normally contain a clause stating that when a person leaves the employ of that company and is recruited by or works with a competitor then that person will not divulge any trade secrets to the competitor. This is enforceable by law in a many countries. 

Several high profile cases in recent years have shown just how difficult this is to prove and police by the injured party. The intellectual learning gained whilst in one R D department in Company A is especially difficult to monitor when a person moves to Company B. One can only rely on the professional attitude of the employee whilst taking due precautions over very sensitive information. These precautions include keeping a tight hold on secure documents and restricting access to the Company Secret level information (see Section C, 2.4). 

In the case where the filing of a patent is impossible or it would be very weak, knowhow is all that is left and it is very valuable to the company. A good example is provided by those companies who specialise in the formulation of known compounds for specific needs, especially in the speciality chemicals sector. Some companies in this area have been known to restrict the access of each person, especially those in R D or technical service, to a specific segment of the business. This is done to try and ensure that all the know-how does not go out of the company, when one employee leaves to join a competitor or to start a company. 

A chemical manufacturer, importer, or employer may withhold a specific chemical identity, including the name of the chemical and other specifie information, fixim the material data sheet, provided that the elaim of trade secret can be supported, the necessary information concerning the material s properties and effects is disclosed, and the MSDS says that the specific identity is being withheld as a trade secret. 

OSHA issued its HAZCOM standard to address the assessment and communication of chemical hazards in the workplace. This standard has often been referred to as the worker s right to know standard. This standard is intended to help protect employee safety and health in work sites where chemicals are used or present. There is no list of hazardous chemicals. Instead, OSHA has defined two categories of hazardous materials health hazards and physical hazards. If a material meets one of OSHA s definitions, it is considered a hazardous chemical. Every company which uses hazardous chemicals, must have a written hazard communication program. This program must be available to employees, and be provided to OSHA upon request. The most important element of the entire right-to-know program is employee training and education. 

Labels on containers of hazardous chemicals provide immediate information about the contents of the container and the hazards associated with the contents. Labels are important for use in determining handling methods and immediate emergency response action. All containers of hazardous chemicals must be appropriately labeled to show the hazards of the contents and other necessary information. The two most common labels are the NFPA and HMIS labels. 

MSDSs are the most important documents in a Hazard Communication Program. They provide specific, detailed information about the hazards of chemical materials and immediate action to take in the event of incident or exposure to the chemical. All manufacturers and importers must obtain or develop a MSDS for each hazardous chemical they produce or import. 

List four critical items the HAZCOM program must address. 

As an alternative to applying for patents, companies often try to protect the proprietary nature of the information developed in their business by keeping it secret. They may take this course for any of a variety of reasons. They may 

For whatever reason the course of action is undertaken, keeping business information secret is a frequently practiced method of operation. There are three principal pitfalls to this method. First, keeping information secret affords no protection against others who develop the same information independently. Second, the scope of protection against disclosure of the secret information is often uncertain. Third, maintaining the secret can be a costly proposition. 

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Production, appHcation, and value of many industrial gums are not pubHcized because many of the uses are maintained as trade secrets. However, estimates of gum production, consumption, and cost may be obtained by reference to the U.S. Department of Commerce figures, market research reports, and trade journals. Estimates for the sales and prices of the principal gums are shown in Table 3. 

Processing conditions are closely guarded trade secrets, but manufacturer s Hterature provides some information. The seaweed is extracted with hot water at slightly alkaline pH. The aqueous extract is filtered and recovered by alcohol precipitation, dried, and milled. Dmm-drying provides a less pure product. 

This article provides a basic, step-by-step approach to problem solving in the practice and management of patents and trade secrets. The significance of aggressive patent and trade secret protection to the economic well-being of a business or organization should not be underestimated. Without patents and trade secrets, the marketplace is reduced to competition on the basis of price, which may be very difficult. 

Patents and trade secrets are protected by securing rights to ideas and the appHcation of ideas that have commercial worth. The grant of rights in patents and trade secrets is based on an appreciation of development, advancement, and invention that will stimulate innovation by advancing technology. Patents and trade secrets are two distinct mechanisms for protecting invention vis-a-vis the appHcation of ideas. Both are supported by the poHcies and laws of the United States. 

Trade secret rights are based on the complete absence of disclosure of the invention to anyone other than the owner. Oftentimes ideas, developments, and advances that are the subject of trade secret protection are those which may not be patentable, for any of a number of reasons. These reasons can include the nature and subject matter of the advance or development, as weU as the commercial value of the advance or development. In any instance, an individual, business, or corporation is weU-advised to consider all possible means of protection when reviewing an advance, development, or invention. 

Some factors to consider when evaluating patent and trade secret protection include (/) the form and content of the technological advance, idea, development, or appHcation (2) the desired term of protection (J) the potential for the technological advance, idea, development, or appHcation to be the subject of a commercial product (4) work done previously (5) events which have pubHcized or pubHcly disclosed the technological advance, idea, development, or appHcation and (6) factors that may be critical to keeping the technological advance, idea, development, or appHcation confidential, and what events may necessitate disclosure. 

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