
Protecting business
They have worked hard to build your business to build sales and marketing techniques to make strong relationships with customers, to develop a competitive advantage. But every day you risk losing that advantage. They are employees, you train them, you reveal your secrets and then one days leave the. Most are abandoned, they have a good relationship, but some will try to take unfair advantage of what you've learned to take.
There are ways to protect yourself and minimize risks. Two basic approaches, non-proliferation and non-competition can help you, your competitive advantage.
Confidentiality Agreements can say a former employee of a competitor to what he has learned to prevent weapons. Competition clauses can someone from starting or working for that company and with your secrets against you to prevent. In some situations, accepted the obligations. In most, however, there is a written agreement required.
In Georgia, certain types of information protected as trade secrets, but one known written agreement. In general, that all information can not in general public, which is not easy to reach and provides an economic benefit known protected. These can include special designs or manufacturing processes, financial data, sales techniques, and even customer list. But information that is not suitable for a broad definition will automatically receive protection. Reasonable measures must be taken to keep the information secret.
Good examples of trade secrets is the famous formula for the drinks or the eleven secret herbs and spices, a famous brand of fried chicken. Your trade secrets may be less marketable than these examples, but they are valuable to your company and is entitled to protection.
Unfortunately, it is often difficult and expensive to protect your business = trade secrets. In addition, the court may find that your information is a trade secret and not to grant protection. When you enter sensitive information that you want to protect, have a written contract is always best.
A non-disclosure agreement to protect information about whether the law would grant the status of trade secrets. Term may be significant, but it is best to reserve the non-permanent release conditions for a genuine trade secrets. Even if your company routinely report their information, it is unlikely that there would be a non-disclosure agreement enforceable.
Non-competition agreement gives a completely different type of protection for your business. These written documents in order to prevent a former employee of a company or working for a competitor and then with experience, he has won against you in your leadership.
In order to be enforceable by Georgia law requires that the contract be useful in three respects: 1) scale, 2) Location and 3) duration. Scope refers to the industry or the type of work is prohibited. Location refers to the geographical area is prohibited. Finally, the duration or length of contract is crucial.
Generally, contracts that are longer than 2 years questionable. But the circumstances of each case determine the reasonableness of the restrictions. In a situation of some kind may be too restrictive long-term agreement. In another long-term contracts can be enforced.
It is important that Georgia law states that either the agreement as a whole is of course an enforceable or not. If it is not reasonable in any respect, is the entire agreement unenforceable. What is reasonable is different in each situation. Severe limitations can be used for the appropriate Vice President, while the same restrictions, a lack of reception. The best rule of thumb is to look thrifty with these agreements, and only adequate protection. An attempt to over-protect your company can lead to no protection at all.
Finally, a well-drafted contracts and certain internal procedures, your company offer significant protection. Conversely, those employees should know-how, contacts and experience to win over time. The law will not enforce an agreement that unreasonably stick someone from earning a livelihood. If you have information you want to protect, it is best to consult a local lawyer.