Trade Secrets or Know-How

Information that you possess, but is not generally known in your industry, is termed “know-how” “confidential information” or “trade secrets”. It is the information that distinguishes your expertise from those of your competitors or colleagues. Examples can include:

  • particular testing methodologies;
  • recipes;
  • manufacturing techniques;
  • chemical formulations;
  • experimental conditions; or
  • production methods.

Know-how and trade secrets are protected by keeping this information confidential. This means that the information is not made public and prior to any disclosure, a confidentiality or non-disclosure agreement must be signed by the person who is to receive the information from you. This method of protecting intellectual property is often used as an alternative to patenting but the strength of this approach is dependent upon:

  1. keeping the information secret through non-disclosure; and
  2. a high level of difficulty for third parties to reverse engineer the outcome or deduce the trade secret (e.g. through chemical analyses to determine composition or being able to pull apart a product and work out the method of manufacture and assembly).

Sometimes UOW's external Clients will ask UOW researchers to sign NDAs before entering into discussions. Please note that UOW researchers do not have the delegation to bind UOW to such agreements. The Manager of Innovation and Commercialisation (MIC) for your Faculty will be able to negotiate and sign NDAs. Please contact your MIC if you have been asked to sign an NDA or believe that you have some information that should be kept confidential.

Last reviewed: 27 November, 2007