Trade Secret Lawyer Bakersfield, CA

Trade Secret Lawyer Bak6ersfield, CA contract drafting of non-disclosure to keep trade secret safe.

If you own a business or are heavily invested in protecting the trade secrets of your employer’s business, it is important to connect with the trusted Bakersfield, CA trade secret lawyer team at Sierra IP Law, PC in order to explore your intellectual property rights and legal options. A failure to proactively tackle the issue of intellectual property protection may cost businesses dearly. As a result, you’ll want to act much sooner rather than later.

Trade Secret Lawyer in Bakersfield, CA

Trade secrets are very broadly defined as practices, processes, information, techniques, tools, or approaches that give a company a competitive edge within its industry. The process by which the New York Times compiles its best seller list is often cited as an example of a trade secret.

The Process of Protecting Trade Secrets


The “big four” intellectual property protections that secure the inventions, branding, creative work, and business secrets of both Americans and American companies are primarily granted by the federal government. Patents are applied for and trademarks are registered through the United States Patent and Trademark Office. Copyrights are formalized by The U.S. Copyright Office. By significant contrast, trade secrets are the only major intellectual property protection not issued by the judgment of the federal government. Instead, businesses and companies are left largely alone to manage the contracts that govern this area of law.

The fact that trade secrets are protected via individual contracts – as opposed to a broad patent, trademark, or copyright protection – means that it is critically important to have an experienced Bakersfield, CA trade secret lawyer managing aspects of this process on behalf of your business. At Sierra IP Law, PC, we draft non-disclosure agreement standalone contracts and non-disclosure agreement terms that can be efficiently and effectively inserted into templates for broader agreements. We advise businesses about who should be presented with non-disclosure terms and under what circumstances breaches of such terms should be enforced. In short, because the government doesn’t do the “heavy lifting” when it comes to ensuring the integrity of trade secret protections, it is vital for companies to work with attorneys well-versed in intellectual property law so that these secrets can be successfully contained on a company-by-company level.
 

Examples of Trade Secrets

Before we dive into examples of trade secrets or should know a little bit about what trade secrets are. A trade secret is information. Maybe it’s a formula, a pattern, a program, a device, a technique or recipe. This is a valuable secret that makes your company different from all the others in your industry. This is defined as a secret that is unknown to competitors and invites a competitive advantage to the business.

There are no registrations or evaluation processes to have a trade secret. This is because having a trade secret holder register and disclose the trade secret such as a patent would require, would defeat the purpose of a trade secret. Therefore, there is no database or overseeing body. A trade secret is only required to be proven valid if it is forced into the light by a trade secret misappropriation action against the company. The court will then analyze that trade secret along with the other companies' trade secret and a sermon if it satisfies the requirements for trade figure under the uniform trade act or other state laws.

Under the UTSA (which, is not a binding regulation but serves as an important frame of reference)  a trade secret has to meet three major requirements to be protected. First, the trade secret has to derive economic value from the secrecy that is being provided; secondly this information cannot be readily known or ascertainable, especially by the public; thirdly, the trade secret holder has to use reasonable efforts to keep the secrecy of this secret.

But what exactly is an economic value from secrecy? Well, it really depends on a couple of factors, it is not so much about what the trade secret costs by physically existing. It is more about the value to the company that the trade secret has. What value with this trade secret has the competitors, how much effort or money is being placed into developing this information, and so much more helps to decide economic value.

And what does it mean to be not generally known or readily ascertainable? So for a trade secret to remain valid it cannot be widely known or easily discoverable. This information has to be secret and it must be capable of remaining secret. So if the process of creation is manufacturing this product can be discovered by looking at the product and it will not qualify as a trade secret. There are certain factors that are considered including the ease of information that can be acquired, duplicated or reverse engineered, the extent of knowledge of this information outside of the business and the extent the information is known within the business that help discern whether it is a trade secret or not.

Finally the most important part of the big three when maintaining a trade secret is the reasonable efforts to maintain secrecy. To ensure there are reasonable efforts that are maintained, a company needs to enact protective measures such as restricting access of trade secrets to essential personnel, mocking documents is confidential, marking areas that are restricted good as restricted, placing barriers and locked doors and security guards around areas that are sensitive.

Broader Intellectual Property Concerns

Trade secrets are not the only kind of intellectual property protection with which American companies concern themselves. Patents, copyrights, and trademark registrations are also regular matters of concern for businesses of all sizes, and that are located all over the U.S. As a result, it is important to speak with a trade secret lawyer Bakersfield, CA business owners trust about crafting a broader intellectual property strategy once any of your trade secret concerns have been initially addressed.

At Sierra IP Law, PC, we take great pride in helping our clients with all of their intellectual property needs as those needs evolve. If your company is innovative and has created any useful products or novel product designs, we can assist you with securing patent protections for these inventions. We can also assist you with copyrighting any unique artistic works or works of original authorship that have not been formally registered. Additionally, we can assist you with formally trademarking your company’s name, logo(s), marketing slogans, and any other such tools that are used to define your brand.

Failure to approach broader intellectual property concerns in a proactive way can leave your business vulnerable to liability and accusations that you have stepped on another party’s intellectual property rights. Costly litigation related to these matters could significantly impact the wellbeing and stability of your business. As a result, it is important to connect with the knowledgeable team at Sierra IP Law, PC as soon as you can. Once we understand the nuances of your business, we can craft a broader plan of action that meets your needs uniquely in efficient, effective ways.

Protecting Your Company’s Privacy and the Privacy of Your Customers

Another concern that our firm’s Bakersfield, CA trade secret lawyer team can assist you with involves privacy-related compliance issues. Nondisclosure agreements help to ensure that a company’s competitive edge in the marketplace is safeguarded via privacy-related contractual terms. However, companies need to worry about more than their unique privacy concerns. They must also be concerned with safeguarding the privacy rights of their employees, customers, visitors to their websites, etc.

The experienced California team at Sierra IP Law, PC can help to clarify what your company’s privacy-related obligations are under the law and can help you to maintain compliance will all relevant local, state, and federal privacy regulations. Additionally, even if you do not do business overseas, your business may be obligated to honor certain international privacy-related statutes. For example, if any of your online visitors reside in Europe, you may be bound by a specific law concerning the data privacy rights of European residents. Our firm’s Bakersfield, CA trade secret lawyer can help you to navigate all relevant laws and regulations—including those that are seemingly irrelevant but could impact your business in a big way.


Legal Assistance Is Available


It can be difficult to entrust your company’s trade secrets to those who must have this knowledge in order to benefit the company’s interests. Working with the highly-experienced legal team at California’s Sierra IP Law, PC will help to ensure that when anyone is exposed to the realities of your company’s trade secrets, it has been made plain that if they step a toe out of line in breach of confidentiality that the consequences of that breach will far outweigh any benefit that could be derived from said breach. Please connect with our firm’s Bakersfield, CA trade secret lawyer team today to learn more about our approach to representation and our approach to trade secret law; we look forward to speaking with you.

Sierra IP Law, PC - Patents, Trademarks & Copyrights

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