Protection without registration.
Anyone with an idea that cannot or should not be patented instead has the possibility of obtaining protection through the Swedish Trade Secrets Act. This legislation can be used to protect and keep both technical and non-technical information, such as business plans and customer records, confidential. A trade secret can however not be registered. Protection is obtained by keeping the information confidential and entering into confidentiality agreements. In each individual case, it is important to carry out a proper evaluation of the advantages and disadvantages of different protection strategies.
As long as the idea or information is kept confidential, this form of protection is very valuable. Amongst other things, it could prevent partners, competitors and former employees from using secret information they have received in confidence.
Gulliksson has long and unique experience of giving strategic advice in respect to trade secrets. We draw up and negotiate all types of agreements involving trade secrets and know-how, such as confidentiality agreements, evaluation agreements, research and development agreements, as well as other types of agreements.
We also manage disputes concerning trade secrets, know-how and better rights to patents or inventions. The Swedish Trade Secrets Act allows relatively high levels of compensation. Gulliksson’s lawyers are leaders in this field.