Copyright, trademarks, patents, and trade secrets are all different types of intellectual property (IP). It is sometimes confusing to understand what exactly each type of IP protects. But understanding the differences between copyright, trademarks, patents, and trade secrets can help you understand how to best protect your works and enforce your rights. A brief description of these different forms of IP including a brief discussion of their differences from copyright, is provided below.
Trade secret protection protects secrets from unauthorized disclosure and use by others. A trade secret is information that has an economic benefit due to its secret nature, has value to others who cannot legitimately obtain it, and is subject to reasonable efforts to maintain its secrecy. The protections afforded by trade secret law are very different from others forms of IP.
Works that are protected by copyright may also include trade secrets. This most commonly occurs in computer programs and testing materials. The U.S. Copyright Office has special procedures for registering computer programs that contain trade secrets. In other instances where a copyrighted work contains a trade secret the applicant can request special relief from the Copyright Office to take steps to ensure that the trade secret is not disclosed in the registration application.
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