Sometimes protection conferred by the usual IP protection mechanisms such as Patents or Industrial Designs is not sufficient or adequate, to protect knowledge.

With the birth of Law 1/2019 on the protection of Trade Secrets, it is possible to protect any knowledge (technological, commercial, organizational, financial, etc.) if it is secret, has a real or potential business value because of this fact, and reasonable measures have been taken by the holder to keep it secret.

Why use this type of protection?

  • Because it is applicable to any type of knowledge: technological, commercial, organizational, financial, etc., which might not be patentable subject matter.
  • Because it prevents industrial espionage and facilitates the detection of illegal acts.
  • Because it allows the holder to bring much more useful/effective actions than those for breach of an NDA.
  • Because as long as it is not disclosed, its protection is indefinite in time and unlimited in territorial scope.
  • Because it allows invoking the right of exception of prior use (Art. 63 LP) or the right of independent development.
  • Because it protects against difficulty in committing the unlawful act.

We help you

Implementing a Protection of Secrecy Program (PPS) in three phases:

  • A first assessment phase of your company’s current situation in relation to trade secrets, identifying and inventorying them in each company department.
  • A second phase of:
    - Implementing reasonable measures for the trade secrets protection in which measures are provided in the organizational, technological, or technical (including IT) and legal domains.
    - Staff training and Information
  • A third phase of periodic Verification or Control in which we check measures compliance.

A Trade Secret is a company’s intangible asset. Keep it confidential.

An entire team at your disposal


At H&A we are trademarks. But also patents. And intellectual property. And digital law. And much more.