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Minimizing Internet Risk
The Internet has revolutionized how companies conduct business. Utilizing Internet technologies, people now instantly share ideas with individuals around the globe, and companies can now reach previously inaccessible markets through their Web sites. Along with these advantages, however, the Internet and related technologies have added unique risks to today's businesses. As discussed in Part One of this article, these dangers include threats to a company's electronic information through viruses and worms as well as new legal liabilities stemming from a business' Internet usage. See, Barzilay, Ilan and Danford, Andrew, 'How the Internet Exposes You to Risk,' Internet Law & Strategy, Vol. 4, No. 10 (October 2006), www.lawjournalnewsletters.com/pub/ljn-internetlaw/4_10/news/147463-1.html. In addition, the Internet provides numerous threats to a business's intellectual property and makes unwary companies susceptible to suit for treading on the intellectual property rights of others. This part of the article reviews some of these hazards and summarizes steps that companies can take to minimize their exposure to these risks.
Trade Secrets
Trade secrets are a form of intellectual property right that, without proper care, can quickly disappear through online activities. To qualify for trade secret protection, a company must possess secret information that has independent economic value from being unknown to the public. See, eg, Uniform Trade Secrets Act '1. Trade secret protection may encompass a variety of information types, including, for example, a formula, device, method or technique. Companies wishing to maintain trade secret protection must take reasonable steps to ensure their information remains secret. See, Rockwell Graphic Sys., Inc. v. DEV Indus., Inc., 925 F.2d 174 (7th Cir. 1991) (discussing the evidentiary and remedial significance of the requirement of reasonable efforts at maintaining secrecy at some length). Trade secret protection offers certain advantages over other similar forms of intellectual property rights, such as patent protection. Most notably, unlike patent law's protection for limited times (currently 20 years from filing of an application) trade secrets last indefinitely ” so long as the information remains secret. As a corollary, however, trade secret protection is somewhat less secure than patent protection as it disappears as soon as the information's secrecy is compromised.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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