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Tranoï, Paris, 23 & 24 January 2016 What are the differences between intellectual property rights & trade secrets? How will your fashion trade secrets be protected, in the near future, in the EU and the US?

What are the differences between intellectual property rights & trade secrets?

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Page 1: What are the differences between intellectual property rights & trade secrets?

Tranoï, Paris, 23 & 24 January 2016

What are the differences between intellectual property rights & trade secrets? How will your fashion trade secrets be protected, in the near future, in the EU and the US?

Page 2: What are the differences between intellectual property rights & trade secrets?

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Trade secrets in the US: what is the deal there?

Trade secrets: what is the framework in the US?

Page 3: What are the differences between intellectual property rights & trade secrets?

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Uniform Trade Secret Act (UTSA)

• UTSA adopted by 46 states

• Other states have adopted their own state statutes and/or continue to apply common law

• Proposed Defend Trade Secrets ActTrade secrets: what is the framework in the US?

Page 4: What are the differences between intellectual property rights & trade secrets?

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Things to know about trade secrets in the US

1. Information

2. Derives independent economic value

3. Not generally known to other persons who can obtain economic value from its disclosure or use

4. Subject of efforts that are reasonable under the circumstances to maintain its secrecy

Trade secrets: what is the framework in the US?

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Trade secrets protection in the US

• Each state sets the scope of trade secret protection

•Significant level of protection offered by US courts

•US courts enforce trade secret protection & routinely do so

Trade secrets: what is the framework in the US?)

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How to efficiently protect your trade secrets in the US: the holy Graal

Trade secrets: what is the framework in the US?

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How to efficiently protect trade secrets?

• Sign NDAs!

• New & exiting employee policies

• Screening policies

• Security policies

• Licensing policies

• Monitoring policies

Trade secrets: what is the framework in the US?

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What are the differences between intellectual property rights & trade secrets? How will your fashion trade secrets be protected, in the near future, in the EU and the US?

Annabelle GaubertiIalci [email protected]@ialci1901 on Twitter

Trade secrets: what is the framework in the US?