Under industrial and commercial secrets are understood: facts, information, decisions and data related to the economic activity of a company, the secrecy of which is in the interest of the rightful claimants, for which they have taken the necessary measures.

Protection by trade secret can relate to patentable inventions that have a longer life cycle than the term of protection of inventions. Trade secrets also apply to objects that cannot be patented because they do not meet the patentability criteria.

The term know-how generally refers to practically applicable knowledge, skills and experience, which are a trade secret. Proprietary rights cannot be legally established for knowledge in a way analogous to the exclusive rights and monopoly associated with other types of IP. In order to protect this knowledge, skills and experience from useby others, they must be kept secret.