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Business Secrecy, Protection and Preventive Measures

Let’s talk about a "secret law", today. A law that serves to encourage development, research and innovation in companies. It defines the defensive weapons that companies do have from 20th of February 2019 for protection of trade secrets.


What is a trade secret?


As a first step, we define a BUSINESS SECRET according to article 1 of Law 1/2019 of 20th February 2019 on Business Secrets, as undisclosed information that can be used in a productive, industrial or commercial activity, and that can be transmitted to third parties.


The law imposes a series of requirements for these business secrets to be considered, as such. Thus, they may be subject to specific measures to prevent their dissemination through the implementation by the company of measures to prevent the unauthorised disclosure of such information.


Specific case of a business secret


If a company has a production contract with a commercial supplier of a product and/or service (paos.) in which secret information interferes with the studies and developments of the company holding the information, and the supplier company decides to produce the same paos. with another company and starts to market it, then the company holding the information will suffer serious economic damage.


In this way, our clients have been able to enter into all kinds of cooperation contracts with third parties involving the supply of sensitive, more protected information, such as contracts for the manufacture of preparations for the food industry. A great example comes to mind with the "Coca-Cola" formula. But it is not the only secret recipe that is protected. Clients of Carrillo Asesores have decided to opt for such a preventive measure.


In all these cases, the companies have a protection of those intangible assets that cost so many years and effort to generate. They would not have it, if the necessary preventions had not been taken in the contracts by means of the clauses incorporated by Carrillo Asesores.



This is where the protection of Trade Secrets (TS) comes into action.


What actions are available to a company for the protection of a trade secret?


There are several actions available to the company, among others:


  1. The management of a LICENSE for the use of such information.

  2. The application of legal PROTECTIVE MEASURES to defend its interests.

  3. The SEIZURE of the material manufactured in violation of the T.S.

  4. The CESSATION of the act via the courts.


That is why Carrillo Asesores with its Legal Department recommends the ADOPTION OF PREVENTIVE MEASURES to safeguard the business secrets of large companies that need to protect their secrets that give success to their products.



Do you want to know how to add the BUSINESS SECRETS CLAUSE in your manufacturing, distribution, marketing or research contract with your partners?


Our Legal Department will be delighted to assess you, but you will have to keep the secret...




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