Updated CMS Expert Guide to Trade Secrets


From patents to programmes, designs to data, your most valuable business assets can be the things you can’t put under lock and key. But what legal recourse do you have to protect these intangible assets from theft and misappropriation?

The CMS Expert Guide to Trade Secrets is your easy-to-use, free online guide to the legal provisions to protect trade secrets in around 30 key jurisdictions globally. Now updated, the guide is now even more comprehensive, including:
  • Country chapters added for Belgium, Colombia, Hungary, Mexico and Poland.

  • Additional questions answered about employee/employer liability:

    • In addition to any statutory protection of trade secrets, what protections can employers put in place to avoid misuse of trade secrets by its workforce?

    • Are there implied rights of protection for employers regarding misuse of trade secrets by its workforce? 

    • What other means can employers use to protect misuse of trade secrets by the workforce, particularly when staff leave?

    • Are there any protections for “whistleblowers” or similar rights for employees in relation to infringement of trade secrets? 

    • Can an employer be liable for their employee’s infringement of a third party’s trade secrets? 

  • New section included on commercial contracts covering:

    • What kind of protection/provisions are to be included in supply or similar contracts with respect to trade secrets?

    • What are typical pitfalls in contracts regarding protecting trade secrets?

    • Are there any important aspects regarding protecting trade secrets cross border?

    • Are there any penalty clauses in contracts with regards to trade secrets?

Feel free to get in touch with your usual CMS contact or the key contacts indicated in the country chapters here or also email us at cmstradesecrets@cmslegal.com.

Open Secrets? Guarding value in the intangible economy

In wide-ranging research commissioned from The Economist Intelligence Unit (EIU), CMS shows how trade secret protection is rising up the corporate agenda, the  perceived key threats to safeguarding secrecy – and how companies around the world are taking action.

Key findings of the report presented include:

  • Which are the most significant threats to the security of trade secrets?

  • What are the biggest obstacles to safeguarding critical intangible assets?

  • What are considered effective practices for preventing potential threats?

If you would like us to provide a special presentation of the research – and our thoughts on it – to any of your internal teams, please reach out to your usual CMS contact or email us at cmstradesecrets@cmslegal.com.