The formula of Coca-Cola is an industrial secret, as well as that of Guaraná Antarctica, and only very important owners and employees know what Google‘s algorithm code is and what the ingredients of McDonald’s special sauce are. If this information became public, competitors would leverage the knowledge to tinker with their products and create perfect copies. The economic damage to inventors would be irreparable.
This is exactly why formulations are registered as an industrial secret and not as a patent. Because the trade secret will always be the inventor’s property. The patent, on the other hand, falls into disuse after some time. In Brazil, for example, it only lasts 20 years (in the case of an invention) or 15 years (in the case of a utility model), after that anyone can use the technology. In today’s article, IpLatam will detail these differences. We hope that, after reading, you will be able to decide how you will make your intellectual property official. If you have any questions or need help, just click here and talk to our experts.
What is an industrial secret?
The industrial secret is know-how, it is knowledge. The cakes sold by Amor aos Pedaços have recipes that are industrial secrets. That’s why you’ll never eat a candy with the same flavor at another bakery. No one knows exactly what the ingredients and amounts of each are. Other confectioners may even make copies, test and test countless times to try to get close to the true taste, but they are unlikely to achieve a 100% accurate taste.
However, let me be clear, the industrial secret is not always the recipe. It could also be the way to get to the final result. That tiny pinch of an ingredient that no one can imagine. Cooking time or the type of utensil (wooden or aluminum spoon), strategy (use an electric mixer or hand beat) and post-preparation (rest 1 hour or 1 day before serving).
What is the purpose of documenting an industrial secret?
The secret only has that name if few people know about it. The less the better. That is why, as we saw at the beginning of the article, it should not be made official as a patent, so that it does not fall into the public domain after a while.
However, a successful company grows continuously and over the years, employees come and go. How to ensure that these people do not reveal such precious information to friends, in informal conversations or worse, to competitors?
The answer is: documenting industrial secrecy, through a set of contracts and legal instruments that establish strict rules. Among them, the NDA (non-disclosure agreement), non-competition clauses between the company and service providers, and internal information control procedures (with the creation of norms for photographs and filming within specific areas of the company, as well as for downloading or sharing files).
IpLatam is a specialist in industrial secrecy!
If your company has an industrial secret and needs to develop strategies to keep it private, click here and talk to our experts. IpLatam serves small, medium and large companies in Brazil and in over 120 countries. We have the right solution so that no gossip will put an end to the secret that guarantees the success of your business!
