Do I need to register a trade secret?
No. Trade secrets do not require any formal registration. Protection depends on managing and keeping the information confidential.
What is the difference between a trade secret and a patent?
A patent requires a formal registration with the IP Office and subsequently public disclosure. A trade secret stays protected only if it remains secret.
Can small businesses have trade secrets?
Yes. Any business can have trade secrets (recipes, customer lists, pricing, supplier contacts, etc.).
Is information automatically a trade secret just because it is “secret”?
No. It must also have commercial value and be protected with reasonable confidentiality measures.
If I share my trade secret with someone, is it still protected?
It can still be protected if shared only with trusted parties under confidentiality obligations (e.g., Non-Disclosure Agreement) and with limited access.
What are “reasonable steps” to protect trade secrets?
“Reasonable steps” are practical and manageable measures that a business is expected to take to keep information confidential, based on the size and nature of the business.
At the very least, a trade secret owner should:
- Clearly notify staff that the information is a trade secret (for example, marking it “Confidential” or “Trade Secret”)
- Limit access to only those who need it for their work (need-to-know basis)
- Impose confidentiality obligations on those who have access, such as through a Non-Disclosure Agreement (NDA) or confidentiality clause
These steps help show that the business has taken proper care to protect its trade secrets.
What if my employee leaks my trade secret?
You may take civil action under breach of confidence and/or breach of contract (if there is an NDA/confidentiality clause).
It is recommended to seek for a legal advice and representation from a qualified lawyer or legal firm as soon as possible.
How long does trade secret protection last?
There is no fixed time limit — protection lasts as long as the information remains secret.