How do you protect and keep a trade secret?

Non-disclosure agreements (NDA’s) commonly used in business today is the standard format of the:

INTERNATIONAL CHAMBER OF COMERCE (LC.C.) --NON-CIRCUMVENTION, NON-DISCLOSURE WORKING AGREEMENT—

“This Agreement is valid for any and all transactions between the parties herein and shall be governed by the enforceable laws in Australian Courts, Canada Courts, U.S.A. Courts, UK Courts, Singapore Courts, or under Germany Law in Munich, in the event of dispute, the arbitration laws of Illinois will apply.”

Much has been written about Intellectual Property for the past century in an effort to protect brands, inventors, and artist. It is a frequently used term without any particularly concrete definition for International intellectual property law is a patchwork of multilateral and bilateral agreements and their resulting harmonization of national laws. It has become an increasingly important and frequently litigated area, particularly in the patent, copyright, and trademark arenas.

In the United States we have THE UNIFORM TRADE SECRETS ACT WITH 1985 AMENDMENTS for the protection of intellectual property rights of:

• Patents. This instrument gives: ”inventors the right to use their product in the marketplace, or to profit by transferring that right to someone else. Depending on the type of invention, patent rights are valid for up to 20 years.”
• Trademarks. This instrument “protects symbols, names, and slogans used to identify goods and services. The purpose is to avoid confusion, deter misleading advertising, and help consumers distinguish one brand from another.”
• Copyrights. This instrument “ applies to writings, music, motion pictures, architecture, and other original intellectual and artistic expressions.”

“With respect to the same information, and analysis involving the "reverse engineering" of a lawfully obtained product in order to discover a trade secret is permissible as of May 2013, the UTSA has been enacted by 47 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands. As with other Uniform Acts, some states have modified language in their version of the statute. As of May 2013, the UTSA has been adopted by all states except New York, North Carolina (but its law is very similar and seems to borrow heavily from the act, and Massachusetts. On May 2, 2013, Texas enacted Senate Bill 953, becoming the 47th state to adopt the UTSA. The Texas statute took effect on September 1, 2013.”

World Intellectual Property Rights

World Intellectual Property Organization (WIPO along with other forms of intellectual protection in its trend towards globalization has had a direct effect on the harmonization of national intellectual property laws.

The constituent instrument of the World Intellectual Property Organization (WIPO) through the World Trade Organization (WTO), was signed at Stockholm on July 14, 1967, entered into force in 1970 and was amended in 1979. “WIPO is an intergovernmental organization which in 1974 became one of the specialized agencies of the United Nations system. “

The origins of intellectual property protection go back to the 1880’s when the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works provided for the establishment of an "International Bureau". According to the record the two bureaus were united in 1893 and, in 1970, were replaced by the World Intellectual Property Organization, by virtue of the WIPO Convention which outlines what is protected by convention:

– Literary, artistic and scientific works,

– Performances and artists, phonograms, and broadcasts,

– Inventions in all fields of human endeavor,

– Scientific discoveries,

– Industrial designs,

– Trademarks, service marks, and commercial names and designations,

– Protection against unfair competition,

In addition, all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields mainly due to the various bilateral and multilateral treaties are covered. Intellectual property law is one of the most harmonized areas of law. There are differences between the intellectual property laws of individual countries which remain an area not covered by existing treaties. Nonetheless, the prevalent embrace of international treaties, and most national treatment norms now apply to international intellectual property relations. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) includes Trade in Counterfeit Goods. “The TRIPS Agreement is a portion of the Agreement Amending the General Agreement on Tariffs and Trade and Creating the World Trade Organization, which was signed on April 15, 1994, at Marrakesh, Morocco. The TRIPS Agreement, is binding on all WTO member countries, is the most comprehensive and important multilateral intellectual property protection document.”

Ignoramus Trump declared in Davos the end of globalization for his "America First" stand. He favors bilateral treaties so he can bully the weaker party, but multi-lateral treaties like WIPO and TRIPS under WTO protect intellectual property rights for all of its member states which will not be protected by the "territoriality" concept in bilateral treaties. Is America's "Dear Leader" shooting Americans on the foot or does he and his handlers have more sinister plans in store? Moreover, Ignorance, stupidity or creepiness fit all of Trump's self-interest and ill-intended with his chaotic governing behavior and with his power of regression might want to hold globalization and world cooperation hostage to his do over of the many conflicts in history.