Protection of Confidential Information / Know-How

We would like to invite you to consider the business proposal of the Intellectual property department of “GRATA” Law firm concerning the legal process of protection of confidential information/know-how and qualified assistance in entering into contracts for the use of such information/know-how. 

What objects may be referred to as confidential information/know-how?

In this case the confidential information/know-how we are specifically referring to is original technology, knowledge, or other experience or skills that still are not in the public domain, in particular: drawings, formulas, plans, non-registered technical decisions, instruction manuals, i.e. any information that has commercial value for you because it is not known by a third party. 

Why the protection of your confidential information/know-how is required?

1. If you posses such a secret, you should be concerned about protection of your confidential information/know-how in order to avoid suffering losses from the possible distribution of your ideas or information of commercial value, and to maintain an advantage over your competitors. It is possible to protect this information by way of entering into agreements for information use or agreements specifying nondisclosure of confidential information with any third party including employees of your company. 

2. The titleholder of confidential information/know-how has the exclusive right of its use including the sale of such information and gaining of earnings.  

In most cases the subjects of the confidential information/know-how are technical or organizational innovations that were not patented for various reasons. Such reasons may include unwillingness of the titleholder to disclose patent information after its registration. For example, the Coca-Cola Company has protected its method of production of its famous beverage for more than 100 years by way of confidentiality in order to protect the secret of production of the beverage.  In this case the term of protection of your confidential information is unlimited (in contrast to the patent which is valid for 20 years), there is no necessity to arrange official protection with the governmental authorities and there are no payments of annual fees for maintenance of the protection.  

The exclusive right for a production secret is effective for an unlimited term however this term shall be effective only whilst the confidential information remains secret. From the moment of the information loses its confidentiality, the exclusivity rights of all people who are aware of the production secret are terminated.  Therefore it is important to realize that simply knowledge of the basic norms of legislation related to confidential information/know-how is not sufficient to ensure effective protection. Therefore we would like to offer you our services and provide expert advice on the legal process of protection of confidential information/know-how and we can provide qualified assistance when entering into contracts for the use of such information./know-how.  

We hope that the present information will be helpful for you. If you have any questions or require additional information please do not hesitate to contact us. We will be glad to offer you our assistance.