To demonstrate that a trade secret belongs to us, it can be registered with a notary. However, it is much easier, faster and more cost-effective nowadays to use an online tool such as BlockchaIP, leaving a record in a Blockchain-based network that said file existed on a certain day at a certain time.
A trade secret is any set of information about an organisation that is not made available to the public and is a determining factor for the production and marketing of the goods and services of a company.
There are two types of trade secrets:
Industrial Trade Secret: consists of all the information about processes, techniques and operating procedures used by an organisation which represent a competitive advantage for the company.
Commercial Trade Secret: consists of all the information about the company, such as financial data, the company’s organisation, future commercial goals, etc.
In order to be considered as such, a trade secret must meet a series of requirements:
The information must be in relation to the company.
It has to be information that has been kept secret up until now.
Said information itself confers an advantage over the competition.
Reasonable measures have been established to prevent it from being disclosed.
Proof of Use
Registering proof of use of a trade mark generated over time (photographs, contracts, etc.) in BlockchaIP, we will be provided with sufficient proof that specific use was genuinely made of said trade mark at a given period in time.
In addition to the right it grants, it should be taken into account that being the effective owner of a trade mark implies the obligation to make genuine use of that mark, thereby preventing trade marks that are not really used from impeding the registration of others.
For example, as indicated by the EUIPO, 'Union legislation on trade marks establishes an obligation for the owner of a registered trade mark to use that mark in a genuine manner. The reason behind this obligation of use is that only the position that the owner of the trade mark genuinely occupies on the market should be protected, and not a mere right of registration that is not supported by a genuine or potential goodwill. Otherwise, requiring the use of a trade mark as a condition for enforcing the rights will reduce the number of lawsuits between trademarks and, where appropriate, will reduce the number of trade marks that are maintained in the registry without having been used in a genuine manner.'
Proof of use may be required in certain opposition, invalidation or revocation proceedings, so the owner is obliged to prove that he has made genuine use of the trade mark.
BlockchaIP has a tool which will allow you to easily register your computer programmes, databases, web pages, literary works, musical creations, audio, videos, photographs, t-shirt designs... and many more.
According to the Intellectual Property Law, ‘all those original literary, artistic or scientific creations expressed in any means or support, whether tangible or intangible, which are currently known or may be invented in the future...are object of intellectual protection’.
Although registering a work is not mandatory or definitive because it may not prevent your work from being plagiarised or copied, it does represent a protection, in the event of a dispute, to demonstrate ownership of the rights.
The Registration consists of an official paper which indicates that such person, on such a day at such a time, registered as his or hers a poem filed here. It is further proof that you can take institute a proceeding against someone for plagiarism, but it is ultimately the judge who will decide. A person may have, for example, registered (and stolen) a work sent to him or her by an acquaintance, but that acquaintance will later win the proceeding by demonstrating the authorship through means other than registration.
‘House Brand Web’ Service
Would like to offer your clients the possibility to register their own trade secrets on your web page, without you knowing the content thereof and which also means business for your company? It’s easy with BlockchaIP.
API for your own software
You can include our API in your own software, which will allow you to certify any type of document in real time.