Hogan Lovells Trade Secrets Toolkit - Effectively safeguard your trade secrets and confidential know-how

Hogan Lovells has developed a Trade Secrets Toolkit to help businesses protect their trade secrets and confidential know-how. The Toolkit consists of four modules: Identify, Protect, Respond, and Commercialize. Each module has been designed to support innovators throughout the lifecycle of a trade secret. By drawing on the market leading expertise of our intellectual property, employment, privacy and cybersecurity professionals, the Toolkit will enable businesses to take into account a broad range of legal and commercial risks when developing their trade secrets strategies.

Identify

  • Comprehensive review of existing trade secrets and confidential know-how to identify and catalogue relevant assets.
  • Tailored questionnaires to improve your understanding of assets, circumstances of creation, protection mechanisms, whether they have been shared with third parties and under what conditions.
  • Guidance and best practice throughout the audit process.
  • Alignment with patenting activities.

Protect

Policies and systems

  • Counseling on corporate policies and best practices for protection of trade secrets and confidential information.
  • Identification and implementation of improved protection measures to reduce disclosure risks.
  • Support with the establishment of monitoring systems and solutions in collaboration with legal, HR,
  • IT and R&D departments.
  • Regular reviews of the monitoring parameters by working collaboratively across business units for continuous optimization.

Contract review

  • Review of employee contract templates relating to confidentiality and IP ownership.
  • Review of contract templates for NDAs, trade secret license or sale agreements, R&D, joint development, and other commercial agreements.
  • Review of ongoing and existing contracts with third parties involving relevant assets

Training

  • Training programs for new and existing employees covering the basic legal framework, company policies, procedures and compliance techniques.
  • Guidance and training for HR and IT departments on the onboarding and departure of employees.

Respond

  • Design and establishment of procedures to effectively respond to notifications of potential misappropriation, including the organization of a rapid response team.
  • Navigation of specific employee mobility situations implicating trade secret concerns, especially for senior management and engineers.
  • Direct internal corporate investigations.
  • Prepare and pursue, or defend, trade secret litigation in federal and state courts and before the ITC.

Commercialize

  • Support with the commercialization and exploitation of trade secrets assets.
  • Comparative analysis of country or state trade secret laws to select advantageous locations for R&D and/or manufacturing facilities.
  • Supervise independent development, reverse engineering, and “clean room” project structure and guidelines.

Our toolkit delivers:

  • Integrated legal solutions developed through a long history of working together on complex cross-border trade secrets matters.
  • A ‘one team worldwide’ approach enabling us to drive workflow efficiencies and leverage different legal regimes to your advantage.
  • First-class knowledge from market leaders in IP, employment, privacy and cybersecurity law.
  • Support from our pricing teams on the commercialization and exploitation of trade secret assets.
  • Cost-effective and transparent services through the use of technology and legal project management.

For more information and regional contacts please access this Toolkit under Additional Resources.

 

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