© 2004 shrm shrm weekly online poll: march 9, 2004 trade secrets analyzing 247 responses of 1653...

© 2004 SHRM

SHRM Weekly Online Poll: March 9, 2004

Trade Secrets

• Analyzing 247 responses of 1653 emails sent, 1622 received (response rate = 15%).

• Fielded March 9 – 15, 2004; presentation generated on March 16, 2004.

• Margin of error is +/- 6.4 %

© 2004 SHRM


1. What measures has your organization taken to protect its trade secrets? (Check all that apply.)

7%

7%

9%

9%

9%

11%

13%

19%

30%

30%

35%

51%

0% 10% 20% 30% 40% 50% 60%

Other

New employees sign agreements that prevent them from bringing tradesecrets from previous employers

Monitor employee communication for evidence of trade secret violations

Employees receive training about w hat trade secrets are and protectionmeasures in place

Consistently enforce employee violations of the trade secret policy

Employees receive training about law s prohibiting employees from disclosingtrade secrets

Developed procedures for reporting/investigating trade secret policyviolations

Developed w ritten policy on the protection of trade secrets

Current and new employees sign noncompete agreements

Organization has not taken measures to protects its trade secrets

Departing employees are reminded of their trade secret protection obligation

Current and new employees sign nondisclosure agreements

© 2004 SHRM


1. What measures has your organization taken to protect its trade secrets? (Check all that apply.)

Choice Count Percent of Sample

Current and new employees sign nondisclosure agreements (barring employees from disclosing trade secrets after they leave your company)

126 51.0%

Departing employees are reminded of their trade secret protection obligation when they leave your organization

87 35.2%

To my knowledge my organization has not taken measures to protects its trade secrets (skip to end)

74 30.0%

Current and new employees sign noncompete agreements (barring employees from working for competitors)

73 29.6%

Developed a written policy on the protection of trade secrets 47 19.0%

Developed procedures for reporting and investigating violations of the trade secret policy

31 12.6%

Employees receive training about laws prohibiting employees from disclosing trade secrets

26 10.5%

Employees receive training about what constitutes a trade secret and the protection measures your organization has in place

22 8.9%

Consistently enforce employee violations of the trade secret policy 22 8.9%

Monitor employee communication (e.g. email, telephone, and written) for evidence of trade secret violations

21 8.5%

New employees sign agreements that prevent them from bringing trade secrets from previous employers to your organization

17 6.9%

Other (please specify): 18 7.3%

© 2004 SHRM


Verbatim Responses For Q1 “Other” Category

•Apply for patents

•Once reaching the management level, employees sign noncompete agreements part of confidentiality agreement upon hire

•Patents

•Patents

•Policy in employee handbook and all employees sign an acknowledgement form when join Company and whenever a revision is made to the handbook.

•Policy in employee handbook defined in orientation

•Promoted employees at a certain level sign noncompete/nondisclosure agreements

•Targeted execs and marketing folks ONLY when talking about trade secrets

•There are no "trade secrets" in our business.

•This is a non-profit organization, church and does not keep secrets from the constituency.

•We are a Research University and have a wide variety of practices to protect intellectual capital, however not particularly trade secrets.

•We do have some severance agreements that incorporate non-competes

•We have all employees read the company's Business Practices Handbook and then take a quiz on line which they must pass to demonstrate their understanding of its contents. The contents do cover the above along with a number of other topics to include ethical issues

© 2004 SHRM


2. Does your organization’s HR function play a key role in protecting trade secrets?

53%

47%

0%

10%

20%

30%

40%

50%

60%

Yes No

© 2004 SHRM


2. Does your organization’s HR function play a key role in protecting trade secrets?

Choice Count Percentage Answered

Yes 104 53.1%

No 92 46.9%

© 2004 SHRM


3. How does your organization’s HR function play a key role in protecting trade secrets? (Check all that apply)

3%

5%

9%

13%

17%

17%

25%

37%

0% 10% 20% 30% 40%

Other

By training employees about law s prohibiting employees from disclosingtrade secrets

By training employees about trade secrets and protection measures inplace

By training employees on the organization’s trade secret policy

By enforcing the organization’s trade secret policy

By developing the organization’s trade secret policy

By ensuring that employees leaving the organization understandobligation to protect anization’s trade secrets

By explaining the organization’s trade secret policy during new employeeorientation

© 2004 SHRM


3. How does your organization’s HR function play a key role in protecting trade secrets? (Check all that apply)

Choice Count Percent of Sample

By explaining the organization’s trade secret policy during new employee orientation

92 37.2%

By ensuring that employees leaving the organization understand their obligation to protect the organization’s trade secrets

62 25.1%

By developing the organization’s trade secret policy 43 17.4%

By enforcing the organization’s trade secret policy 42 17.0%

By training employees on the organization’s trade secret policy

31 12.6%

By training employees about what constitutes a trade secret and protection measures your organization has in place

22 8.9%

By training employees about laws prohibiting employees from disclosing trade secrets

11 4.5%

Other (please specify): 7 2.8%

© 2004 SHRM


Verbatim Responses For Q3 “Other” Category

•Developing employment letters which outline nondisclosure

•Discipline for confidentiality breeches

•Don't fall in that category

•Exit interview reminder

•Investigating potential violations of the trade secret policy

•The legal dept has a larger role than HR

•Writing non-comp and trade secret agreements

© 2004 shrm shrm weekly online poll: march 9, 2004 trade secrets analyzing 247 responses of 1653...

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