Intellectual property can be protected as a trade secret provided the owner of the secret takes care to protect
the information. The owner must restrict access to the information, so that only those with authorization can get
to it. The source code could be kept in a secure archive, for instance. The owner must also limit access to the
information. Even though the code is in a secure archive, the owner also must be vigilant in providing access
only to authorized individuals. The owner must also require those who have access to the information to sign
an agreement not to disclose to others anything about the code. Such an agreement is called a nondisclosure
agreement, and it may be required of employees as well as any outsiders who might have a need to see the
source. To protect their trade secret rights, the owner must also mark any material related to the secret as
proprietary. The source code itself, training manuals, and other documentation should include a statement that
the software is proprietary.
A trade secret can last indefinitely, and it costs nothing except being serious about protecting the secret.
The courts will enforce the owner??™s rights to the trade secret, as long as the owner remains diligent in efforts to
protect the secret.
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