If you think protecting trade secrets is difficult in the U.S., it can be even more challenging abroad, because many developing nations have few, if any, protections available, explain Axinn, Veltrop & Harkrider counsel Jason Murata and associate John Tanski.
On Hartford Business.com, they advise companies against relying solely on the U.S. government to fight their battles, urging them to craft their own plans of action.
- Have a strong intellectual property protection policy: Identify assets, document what has been developed and owned, establish protocols governing protection, and access and institute employee training.
- Know your risks and your rights: For example, are your colleagues logging into your network remotely from countries known as hacker havens? Once vulnerabilities are identified, find out what legal protections exist.
- Negotiate strong contracts: Create an agreement that will be enforced by a U.S. court applying U.S. trade secret, contract and competition laws.
- Isolate and segregate: Avoid working exclusively with one person/foreign company since dividing your asset can make it harder for anyone to obtain all the necessary parts to capture the full value of your trade secret.
- Think outside the court: A civil lawsuit isn’t your only option. Consider filing a claim with the U.S. International Trade Commission or the Federal Bureau of Investigation.
