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Trade secrets are valuable assets for sports clubs, teams, and organisations of all sizes. They can provide a crucial competitive edge, help you achieve better results, and increase the commercial value of your sporting brand.

Famous examples such as Formula 1’s infamous ‘Spygate’ involving McClaren being found guilty of possessing confidential Ferrari technical data, to the Houston Astro’s proprietary database being compromised, demonstrate that trade secrets can easily be lost or stolen. Therefore, it is important that clear steps are taken to protect them.

1. Identify your trade secrets. You need to know what trade secrets your business owns in order to protect them. This could include anything from your product formulas to your marketing strategies.
2. Mark your trade secrets as confidential.  This can be done by using a confidentiality notice on all documents that contain trade secret information.
3. Limit access to your trade secrets. Only people who need to know your trade secrets should have access to them. Implement a system for controlling access to sensitive information.
4. Use non-disclosure agreements (NDAs). NDAs are contracts that legally bind others (whether that be individuals or companies) to keep your trade secrets confidential. You should have all employees, contractors, and business partners sign NDAs before they have access to your trade secrets.
5. Implement physical and technological security measures to protect your trade secrets. This could include things like locking file cabinets, using passwords, encrypting files, shredding used documents and installing security software.
6. Educate your employees about trade secret protection. Your employees are your first line of defence when it comes to protecting your trade secrets. Make sure they understand what trade secrets are and why they’re important. Make sure they do not send emails to the wrong person, or talk about sensitive information in public / on social media.
7. Review your trade secret protection measures regularly. The world of business is constantly changing, so you need to review your trade secret protection measures regularly to make sure they’re still effective. Monitor your competitors for signs of trade theft and revised security measures as well.

By following these practical steps, you can help protect your trade secrets and keep your team competitive both on and off the field.

If you believe that your trade secrets have been stolen or misused, instruct a legal professional immediately who can advise you on the best steps to take. You may be able to recover damages and prevent your competitors from using your hard-earned strategies. However, it is always better to try to prevent disclosure in the first place.

If you would like to discuss any of the above further, please contact one of our Intellectual Property experts today. We are here to deliver clear, concise advice and strategic solutions to protect your team.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.