Do I absolutely need a written agreement to preserve trade secrets?

Preserve Trade Secrets Trade Secrets Intellectual Property

Do I absolutely need a written agreement to preserve trade secrets?

No. Simply telling someone that material is trade secret can suffice depending on the extent and nature of the disclosure. However, written recordation of an agreement of confidentiality is better because

a) it is easier to enforce; and

b) it demonstrates greater effort to protect the trade secret.

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