Question 1

What is a trade secret?

Accepted Answer

A trade secret is commercially valuable confidential information that is kept secret and protected by reasonable measures

Question 2

What kinds of information can be trade secrets?

Accepted Answer

Examples include formulas, processes, customer lists, pricing models, source code, product roadmaps, manufacturing methods, and know-how

Question 3

Do trade secrets need to be registered?

Accepted Answer

No. Unlike patents or trade marks, trade secrets are protected without registration, provided they remain confidential and protected by reasonable measures

Question 4

How do I protect a trade secret?

Accepted Answer

Typical measures include NDAs, confidentiality clauses, restricted access, marking information as confidential, staff training, and secure storage

Question 5

What is a reasonable measure to protect confidentiality?

Accepted Answer

Reasonable measures vary with the value and sensitivity of the information, but they usually include both legal controls and practical security steps

Question 6

What is the difference between confidential information and a trade secret?

Accepted Answer

All trade secrets are confidential information, but not all confidential information is a trade secret; trade secrets usually require commercial value plus active protection.

Question 7

Can employees use what they learned after leaving?

Accepted Answer

They can use general skills and experience, but not misuse confidential information or trade secrets belonging to the former employer.

Question 8

Do I need NDAs with employees?

Accepted Answer

Yes, NDAs and confidentiality obligations are a core part of any trade secret protection programme, especially for staff, contractors, suppliers, and potential partners.ipoi+1

Question 9

Can a trade secret be lost if it is reverse engineered?

Accepted Answer

Yes. Trade secrets do not stop lawful independent development or reverse engineering where that is permitted and the information is obtained without misuse.legislation.gov+1

Question 10

How long do trade secrets last?

Accepted Answer

Trade secrets can last indefinitely, but only as long as the information remains secret and commercially valuable.

Question 11

What happens if a trade secret is disclosed?

Accepted Answer

If it becomes public, the trade secret protection can be lost, which is why prevention and quick action matter so much.

Question 12

Can trade secrets protect software?

Accepted Answer

Yes, software and code can often be protected as trade secrets if the source code or methods are kept confidential.

Question 13

Should trade secrets be included in an IP audit?

Accepted Answer

Absolutely. An audit should identify what know-how is valuable, how it is stored, who can access it, and whether the business has enough contractual and technical protection.

Question 14

What should happen when an employee leaves?

Accepted Answer

Access should be revoked, devices and materials returned, confidentiality reminders issued, and exit procedures followed to reduce leakage risk.wipo

Question 15

When should I speak to a trade secrets adviser?

Accepted Answer

As early as possible, especially if your business relies on know-how, formulas, code, customer data, or other information that would be difficult to replace if lost

IP audits & patents: IP FAQ

Frequently asked questions