Biotechnology & Trade Secret Protection

In the biotechnology industry, the high cost of technology innovation and bringing products to market necessitates broadening the impact of research investments. Collaboration to develop the next nascent technology presents ownership risks to the developed intellectual property, particularly when a partnership sours or employees perceive better opportunities elsewhere.

In such a situation, these new technologies and their embodied intellectual property, particularly trade secrets, could be quickly lost along with the expected market advantage. The remaining option in many cases is litigation, which is an imperfect solution to correcting the lost market opportunity. But proactive measures can either deter intellectual property theft or improve odds in litigation. This article identifies three lessons learned from recent disputes to help companies improve their intellectual property protection.