To avoid confusion about what is confidential information and what is a trade secret, you should provide a definition of what a trade secret is and what confidential information is. Below, you will find a Coca-Cola confidentiality, non-competition and non-advertising clause that clearly defines the essential difference in confidentiality time for all so-called business secret information that is simply confidential: this means that if you want exclusive ownership of your innovation, it cannot remain a secret. This may be correct as long as your patent is in effect, but the patents are not permanent. Companies like Coca-Cola and KFC are trying to protect their secrets. Any agreement must last as long as the information remains confidential. However, this may not be the case in the internet and technology sector due to rapid innovations A trade secret is treated differently by the courts than only confidential information. Companies like Coca-Cola and KFC, for example, have gone the extra mile to make sure their secrets are protected. For decades, it has been thought that only two Coca-Cola executives know the original Coca-Cola formula. The same goes for KFC, only a handful of employees know their secret recipe and report that all have entered into a confidentiality agreement.
Non-competitive agreements are very useful in addition to a secret. All confidentiality agreements contain in detail all types or categories of confidential information that must be protected in the agreement. The goal is to set the limits of revelation without revealing secrets. For example, an NDA may say, „Confidential information includes recipes, marketing strategies, cookbooks and all processes.“ A business secret has no time limit and can last forever. It remains a business secret for an indefinite period, as long as you can prove that secrecy always has commercial value, gives you some kind of economic benefit and you have tried to keep it secret. Trade secrets are not only essential to the economic viability of a business, but they also have independent economic value as long as they remain secret. This type of legal arrangement can be used to protect ordinary confidential information or trade secrets. However, in certain circumstances, a patent may well be associated with a trade secret. If you have an invention that can be easily undone or copied, a patent can buy you some time about your competitors while you work on developing something that really deserves to be protected as a business secret.