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Keeping your trade secrets secret

As Hong Kong’s largest and longest-established IP practice we are adept at helping businesses protect their trade secrets and confidential information.

In recent years data has been labelled ‘the new oil’ – an important emerging asset class touching all types of commercial activity. Such a valuable resource, whether in the form of scientific formulae, databases, innovative processes, plans and designs, source code, or financial or statistical information, needs to be carefully shepherded and protected.

Unlike many other forms of IP there are no time constraints connected with exploiting your trade secrets so returns are potentially unlimited.  But if not properly protected, trade secrets and confidential information are vulnerable to misappropriation by competitors, co-workers and employees.

Confidential information and trade secrets are important assets.  In today’s competitive environment, vigilance is the watchword when it comes to protecting your valuable trade and business information. Deacons has the experience to help you put in place appropriate processes to keep confidential information confidential, and trade secrets secret. And if breaches do occur, we will take swift and decisive action to identify the culprit and minimise the damage.

We can assist with helping you to identify your valuable information, setting up procedures and drafting appropriate internal policies, and carefully worded employment contracts and commercial agreements that clarify principles of data usage and ownership, including in situations where data needs to be shared with third parties. Recent examples of our work include:

  • Acting on behalf of the Hong Kong subsidiary of an international listed company in proceedings against two of its employees following the theft of the company’s client database;
  • Advising a world leading consumer electronics, software and PC manufacturer on a Confidentiality Agreement;
  • Advising a US company on a Confidentiality Agreement and a Non-Disclosure Agreement in China;
  • Advising a world leading supplier to the global pulp and paper industry on the misappropriation of trade secrets in China;
  • Advising a global mining and equipment company on setting up a trade secret protection policy and related procedures in China.

Please take a look at our intellectual property pages for more on the range of work we undertake. And if you would like more information on how we can help you, please feel free to get in touch. 

Trade Secrets & Confidential Information SERVICES