Trade Secret Contract

Trade Secret Contract Template for Philippines

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Key Requirements PROMPT example:

"I need a Trade Secret Contract under Philippine law for my software development company to protect our proprietary algorithms and source code when working with an overseas manufacturing partner in Taiwan, with particular emphasis on cybersecurity measures and remote access protocols."

Document background

The Trade Secret Contract is essential for businesses operating in the Philippines who need to protect their valuable proprietary information and trade secrets. This document is particularly crucial given the Philippine legal framework, which combines civil law traditions with specific intellectual property protections under Republic Act No. 8293 (Intellectual Property Code) and related legislation. The agreement should be used when sharing sensitive business information, technical knowledge, or proprietary processes with third parties, whether in the context of business partnerships, employee relationships, or commercial collaborations. It provides comprehensive protection by defining protected information, establishing security protocols, and setting forth remedies available under Philippine law. The document is designed to be compliant with both domestic requirements and international standards for trade secret protection, making it suitable for both local and cross-border transactions where Philippine law governs.

Suggested Sections

1. Parties: Identification of the disclosing party and receiving party, including complete legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of sharing trade secrets

3. Definitions: Detailed definitions of trade secrets, confidential information, permitted uses, affiliates, and other key terms

4. Scope of Confidential Information: Specific description of what constitutes trade secrets and confidential information under the agreement

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed and procedures for such disclosure

7. Security Measures: Specific measures required to protect trade secrets, including physical, electronic, and procedural safeguards

8. Return or Destruction of Information: Requirements and procedures for returning or destroying confidential information upon termination or request

9. Term and Termination: Duration of the agreement and circumstances for termination

10. Breach and Remedies: Consequences of breach, including injunctive relief and damages

11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and choice of courts

12. General Provisions: Standard clauses including severability, entire agreement, amendments, and notices

Optional Sections

1. Employee and Agent Obligations: Additional provisions for when receiving party needs to share information with employees or agents

2. Non-Competition: Restrictions on competitive activities, used when parties are in similar industries

3. Technology Transfer Provisions: Used when trade secrets involve technical knowledge or technology transfer

4. Audit Rights: Rights to audit compliance with security measures, used for highly sensitive information

5. Insurance Requirements: Obligations to maintain specific insurance coverage, used for high-value trade secrets

6. Export Control Compliance: Added when trade secrets may be subject to export control regulations

7. Dispute Resolution: Alternative dispute resolution procedures, used when parties prefer arbitration or mediation

8. Survival Clause: Specific provisions that survive termination, used for extended protection periods

Suggested Schedules

1. Schedule A - Protected Trade Secrets: Detailed list and description of specific trade secrets covered by the agreement

2. Schedule B - Security Protocols: Detailed security measures and procedures required for protecting the trade secrets

3. Schedule C - Authorized Personnel: List of individuals authorized to access the trade secrets and their levels of access

4. Schedule D - Notification Procedures: Specific procedures for reporting breaches or unauthorized access

5. Schedule E - Destruction Procedures: Detailed procedures for secure destruction of confidential information

6. Appendix 1 - Non-Disclosure Agreement Form: Template for additional NDAs to be signed by employees or third parties

7. Appendix 2 - Security Incident Report Form: Template for reporting security incidents or breaches

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Manufacturing

Pharmaceuticals

Food and Beverage

Chemical Industry

Research and Development

Automotive

Electronics

Telecommunications

Software Development

Biotechnology

Consumer Goods

Industrial Processing

Energy

Healthcare

Relevant Teams

Legal

Research and Development

Product Development

Information Technology

Human Resources

Intellectual Property

Operations

Engineering

Quality Assurance

Information Security

Compliance

Manufacturing

Business Development

Executive Leadership

Innovation

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Legal Counsel

Intellectual Property Manager

Research Director

Product Development Manager

Business Development Manager

Human Resources Director

Operations Manager

Contract Manager

Chief Information Security Officer

Innovation Manager

Technical Director

Compliance Officer

Manufacturing Manager

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