The benefits of trade secrets are important for the business which aims to maintain privacy in their business’s secret formula and any recipe. Trade secrets are very confidential information related to the business which gives the business a unique product. As we disclose our patents, designs, copyrights, and trademarks to the public, the trade secrets cannot be disclosed publicly due to their secret ingredients or secret information related to the business. It is one of the most valuable assets for businesses which allows them to maintain unique processes, formulas or different strategies which make their products or services different from their competitors.
By taking the Trade secret for their secret business information or ideas, the companies can ensure that their new methods or products remain unique in the market until such information is not disclosed by them or accidentally.
In this article, we are going to discuss about the trade secrets and the benefits of trade secrets for a business.
What are trade secrets?
A trade secret is a special and secret information or method which is kept safe by a company because this secret helps that company to do better than its competitors in the market. This trade secret can be a recipe. a way of making something, special design, method, a formula or any other important thing related to business.
The Coca-Cola company’s secret formula to make Coca-Cola is one of the best examples of trade secrets. The Coca-Cola is made up of a recipe which is known to few people only. This Trade secret is helping Coca-Cola to stay unique and popular in the market till date.
The benefits of trade secrets
Trade secrets offer different key benefits to businesses which helps them to stay strong and successful in the market. Here are some of the main benefits of trade secrets:
Competitive advantage
Trade secrets provide a competitive advantage to a business by allowing it to keep their unique method, strategies, recipes, or any other information hidden from their competitors. For an example, if a business has a special procedure or process to make a product, which make it better and cheaper than their competitors, keeping that special process secret from their competitor can help that company to dominate in the market.
Google’s search algorithm is well known, example for this benefit of great secret. Google search algorithm is one of the best search engines in the world and the competitors do not know about the mechanism behind this. This secret make this algorithm unique and unbeatable in the market.
Cost-effectiveness
Protect a trade secret is much cheaper than filing a patent application or trademark. Because there are no application fees, renewal fees or any legal fees involved in keeping something secure with the help of trade secret. Also, maintaining a trade secret does not require any lengthy legal process, which can also save your time and money. For an example, a small bakery which has a unique trade recipe can keep it safe as a trade secret without spending the money on patenting the recipe.
Length of protection
You will be happy to know that the trade secrets can be protected as long as the secret information remains confidential between the business members and intellectual property rights office. If you file a patent for a process patent, it will typically last for 20 years and after that, it will come into the public domain, which means you cannot claim your rights after the expiration of these 20 years from the date of filing. But with the help of great secrets, you can keep your recipe, or any information secured for longer times.
For example, KFC’s chicken making formula has been protected as trade secret for decades. And that formula is still not known to anyone outsider of that company.
Flexibility and adaptability
Trade secrets can cover a wide range of secret information like manufacturing processes, business strategies, or any marketing plans as well. This flexibility in trade secrets makes this adaptable to various business models and industries. Different types of businesses can take the benefits of trade secrets by securing their secret information under this type of intellectual property rights.
For example, a Tech company can use Trade secrets to secure their software source code. On the other hand, a restaurant might protect its unique recipe. It shows the flexibility and adaptability of trade secrets.
Immediate Protection
The Intellectual Property Rights office provides immediate protection to the different types of trade secrets once they check every aspect and uniqueness of such secret information. There is no lengthy process like patents or any other IPs. Also, there is not must fee to register your secret as a Trade Secret. It is your choice to make such a secret secure with the IP Office.
Challenges related to trade secrets
As we discussed about the benefits of trade secrets, there are some challenges related to trade secrets as well:
Risk of Misappropriation
The biggest challenge of relying on the protection of trade Secret is the risk of misappropriation. if a trade secret is accidentally or unintentionally disclosed to the public, then the business may losses its competitive advantage. This can be done in many ways like due to employees and accident leaks etc. The businessperson must keep checking such things manually so that the risk of misappropriation should be least.
Security measurements
Protect the trade secrets, the companies must implement strong security measures. It includes physical security, such as the companies must secure the storage facilities and restricted access areas. The companies must use secure communication channels, and they must regularly update their security protocols to keep their secret information safe.
Employee training
Employees are the bones of the company and play an important role to protect the trade secrets related to that company. Protect the trade secrets, the company must provide the training programs to educate the employees about the importance of trade secrets and consequences of unauthorized disclosure of such trade secret.
Non-disclosure agreements
The employer of a company must have the non-disclosure agreement with their employees or any third parties who are having businesses with that company. This non-disclosure agreement will help their employer to protect his trade secrets from leaks by bounding them not to disclose that information to others.
Agreement between employers
There should be agreement between employers that if anyone of them is quitting the company, then still he should not reveal the secret information to others in any ways.
These are some important challenges which are faced by the companies to protect their trade secrets.
Conclusion
In conclusion, the benefits of trade secrets are significant which provides the competitive edge, cost effective protection, and long term with flexibility to special information which is important for any business or company. There are many challenges related to trade secrets as well, which must be take into consideration by the employer or the business holder so that the trade secret must not be revealed in the market. Because the leakage of such trade secrets can reduce his chances of securing a good position in the market and might reduce the brand name in the market.