To classify technical knowledge, it must be identified specifically. Broad descriptions such as all production knowledge or all software are not enough to define its scope, value, and protective measures in a verifiable way. Examples of information that may be covered include recipes, manufacturing steps, machine parameters, technical drawings, source code, algorithms with a technical function, prototype data, experimental results, and findings from failed tests. Under Article 1105 of the Georgian Civil Code, technical, organizational, or commercial knowledge of exceptional importance may be protected if necessary and reasonable measures to maintain its secrecy can be demonstrated. For each trade secret, document its owner, storage location, authorized users, previous disclosures, economic value, and intended protection period. Information that is publicly known, generally accepted professional knowledge, and mere work experience cannot be turned into a trade secret simply by labeling it internally. Access should be limited on a need-to-know basis and secured through confidentiality agreements, role-based permissions, encryption, separate storage areas, and logged approvals. For products that can be easily reverse-engineered, secrecy may provide weaker protection than a patent application filed in time. By contrast, if the technical solution can be controlled internally and kept secret over the long term, trade secret protection can avoid disclosure through a patent application.
Assessing technical know-how as a trade secret before starting a business in Georgia
Technical know-how can be protected as a trade secret in Georgia if it has particular value to the business, is not generally accessible, and is actually kept secret. This can include production parameters, recipes, source code, prototypes, and negative test results.
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