Mon Sep 29 18:51:30 PDT 2014

Content control: How is intellectual property protected?


Options:

[Trade secrets / Patents / Copyrights / Trademarks / Other IP] are protected by [Limiting it to very specific identified items / Marking it properly / Segregating it from other content / Controlling who has access to it / Limiting disclosure to identified parties / Having relevant contracts in place with all accessing parties / Not disclosing it / Filing timely legal papers / Actively applying it / Actively protecting it / Explicitly inventorying it / Tracking actual access / Tracking and following jurisdictional requirements / Practices commensurate with its business utility]

Decision:

[Trade secrets] are protected by [Limiting it to very specific identified items / Marking it properly / Segregating it from other content / Controlling who has access to it / Limiting disclosure to identified parties / Having relevant contracts in place with all accessing parties / Not disclosing it / Actively protecting it / Explicitly inventorying it / Tracking actual access / Tracking and following jurisdictional requirements]

[Patents] are protected by [Marking it properly / Not disclosing it prior to filing / Filing timely legal papers / Tracking and following jurisdictional requirements]

[Copyrights] are protected by [Marking it properly / Explicitly inventorying it]

[Trademarks] are protected by [Limiting it to very specific identified items / Marking it properly / Actively applying it / Actively protecting it / Explicitly inventorying it]

[Other IP] are protected by [Practices commensurate with its business utility]


Basis:

[Trade secrets] are protected by [Limiting it to very specific identified items / Marking it properly / Segregating it from other content / Controlling who has access to it / Limiting disclosure to identified parties / Having relevant contracts in place with all accessing parties / Not disclosing it / Actively protecting it / Explicitly inventorying it / Tracking actual access / Tracking and following jurisdictional requirements]

While state-by-state and country-by-country laws vary, trade secrets are protected only by the holder preventing unauthorized parties from gaining access to it. In order to prove that trade secrets have been violated, and thus be compensated for their release, it is generally necessary to prove that an authorized party improperly disclosed those secrets, that they were otherwise properly protected, and that they were in fact legitimate trade secrets. Generally, this means:

For legal protection to apply to trade secrets, that is, in order to win a law suit if someone steals them, there has to be effective protection in place. Generally, this includes things like:

[Patents] are protected by [Marking it properly / Not disclosing it prior to filing / Filing timely legal papers / Tracking and following jurisdictional requirements]

Unlike trade secrets, the protection of which is all in the hands of the holder, patents, once files, can generally be disclosed without loss of rights. Confidentiality only applied prior to filing, and then there are different specific limitaitons in different time frames and jurisdictions.

[Copyrights] are protected by [Marking it properly / Explicitly inventorying it] Generally, anything reduced to tangible form is copyrighted de-facto. Additional protection may be attained by sending a copy to the copyright office, having adequate proof of the date of the cretion of the document, etc. But copyright is a relatively weak protection, protecting the specifics of the material and not the ideas, methods, processes, or concepts.

[Trademarks] are protected by [Limiting it to very specific identified items / Marking it properly / Actively applying it / Actively protecting it / Explicitly inventorying it] Trademarks and similar markings are typically inthe form of shapes, colors, markings, etc. that are unique at the time of inception and protected through their lifecycle by aggressively pursuing those who use those markings in the legal system.

[Other IP] are protected by [Practices commensurate with its business utility] In general, that's what the standard of practice is about.

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