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Apart from offering expert legal consultancy for local jurisdictions, CMS partners up with you to effectively navigate the complexities of global business and legal environments.

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CMS Know-how Protection

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Know-how protection

How CMS can help you to protect your know-how

1. Training and workshops
Dealing with secret know-how within the company: instruction on identification, classification, documentation and retention of know-how; instruction for persons entrusted with confidential information; training on communication within the company, in public, in the press and on social media.

2. Know-how protection audits
Analysis of the protection available for commercially valuable information that qualifies as intellectual property and assessing whether your information can be protected in this way; reviewing the technical and organisational protection currently in place, along with your internal processes, in relation to the relevant legal requirements; identification of typical risks.

3. Reviewing your standard contracts and standard confidentiality clauses
Employment contracts and contracts with external staff; contracts with senior managers (managing director/management board contracts); contracts with (potential) business partners, including suppliers and sub-contractors; customer agreements; visitor declarations.

4. Guidance on implementing a comprehensive company-specific know-how protection strategy
Classification of corporate secrets by protection category and security level, accompanied by appropriate technical and organisational protective measures, such as an authorisation hierarchy for employees.

5. Advice on contract negotiations in projects where know-how is crucial
Research and development agreements; preliminary agreements; licensing agreements; supply agreements; protecting know-how in transactions.

6. Drafting non-disclosure agreements and prohibitions of competition
Company-internal agreements, e.g. employment contracts and supplementary agreements with key persons entrusted with confidential information, or non-disclosure agreements with business partners, service providers and customers.

7. Protecting know-how in ongoing court proceedings
Protecting trade secrets in court; taking appropriate measures to ensure confidentiality; protecting trade secrets when you have the burden of proof.

8. Taking civil and criminal action against disclosure of secrets and industrial espionage
Criminal prosecution, primarily with the aim of recovering data carriers and securing evidence for civil proceedings; pursuing claims for the other party to cease and desist, surrender relevant items, pay compensation, etc., for example against (ex-)employees or competitors.

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We provide future-facing legal advice to help your organisation thrive. Combining local market knowledge and a global perspective, and with lawyers in locations worldwide, your organisation benefits from the expertise it needs, even across borders.

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