3Dresyns develops proprietary chemical formulations, material technologies, processing methodologies, calibration systems, Curing Rate Tables (CRTs), technical data, and other know-how that may qualify for protection as confidential information or trade secrets.
Trade-secret protection forms an important part of the Company's intellectual-property strategy, particularly for technologies and know-how that can retain commercial value while they remain confidential.
Trade secrets and patents
Patents and trade secrets are different forms of protection and may be appropriate for different technologies.
A patent generally requires disclosure of the invention in exchange for a time-limited exclusive right where the applicable patentability requirements are satisfied. Patent applications are ordinarily made publicly available during the patent process in accordance with the applicable patent system.
Trade-secret protection, by contrast, does not depend on publication of the protected information. It may continue for as long as the information continues to satisfy the legal requirements for trade-secret protection, including remaining secret and being subject to reasonable measures intended to preserve its confidentiality.
For this reason, 3Dresyns may choose trade-secret protection rather than patent protection for certain formulations, methods, processes, technical data, and know-how where maintaining confidentiality is considered the more appropriate intellectual-property strategy.
The choice between patent protection, trade-secret protection, contractual confidentiality, or other intellectual-property mechanisms is made according to the nature of the relevant technology and the Company's intellectual-property strategy.
What may constitute a 3Dresyns trade secret?
Depending on the circumstances and applicable legal requirements, protected information may include non-public:
- chemical formulations and compositional information;
- formulation-development methodologies;
- material-design strategies and technical know-how;
- manufacturing or preparation processes;
- calibration methodologies and non-public Curing Rate Table (CRT) information;
- processing parameters and optimization methods;
- research and development information;
- experimental data and development results that have not been made public;
- software, calculation methods, databases, models, or internal technical tools;
- supplier, sourcing, manufacturing, or operational information;
- non-public commercial and strategic information; and
- other technical or business information satisfying the applicable requirements for confidential or trade-secret protection.
Information is treated as a trade secret only to the extent that it satisfies the applicable legal requirements. Merely designating information as confidential does not override mandatory law or transform information that is already legitimately public into a trade secret.
Measures used to protect trade secrets
3Dresyns seeks to protect proprietary know-how and Confidential Information through appropriate organizational, contractual, physical, and digital measures.
Depending on the nature and sensitivity of the information, these measures may include:
- Non-Disclosure Agreements (NDAs) and contractual confidentiality obligations;
- contractual restrictions on unauthorized reverse engineering and disclosure;
- limitation of access to Confidential Information according to business need;
- controlled access to non-public technical documentation and data;
- access controls, authentication, and secure information-management practices;
- appropriate encryption and secure communication technologies where applicable;
- restricted physical access to sensitive operational areas;
- internal confidentiality, information-security, and operating procedures; and
- other reasonable measures appropriate to the nature and value of the protected information.
Proprietary chemical formulations
The complete formulations and non-public compositional know-how of 3Dresyns Products may constitute protected Confidential Information and trade secrets.
Safety Data Sheets (SDSs) are regulatory hazard-communication documents and are not intended to provide unrestricted disclosure of a complete proprietary formulation.
3Dresyns discloses compositional, hazard, precautionary, handling, exposure-control, and other safety information where and to the extent required by the regulatory framework applicable to the relevant Product and market.
Proprietary compositional information that applicable law does not require to be publicly disclosed may remain confidential and protected where legally permitted.
Read: About protecting confidential compositional information in Safety Data Sheets (SDSs).
Customer, supplier, and collaborator information
3Dresyns does not treat the identity of customers, suppliers, research partners, or collaborators as material that is automatically available for public marketing use.
Publication of names, logos, testimonials, project information, technical collaboration details, or other information concerning third parties is subject to the applicable authorization, contractual, confidentiality, intellectual-property, and data-protection requirements.
Read: Use of logo and Privacy Policy.
Restricted access to facilities and sensitive information
Physical access to facilities, technical areas, records, systems, or other environments containing confidential know-how may be restricted where reasonably necessary to protect trade secrets, confidential customer information, safety, security, contractual obligations, or intellectual property.
Customers, suppliers, auditors, contractors, and other external parties do not acquire an automatic right of access to restricted Company facilities merely by entering into a commercial relationship with 3Dresyns.
Where a customer or other organization requires an audit, inspection, or access procedure, the request will be evaluated under the Company's applicable audit, confidentiality, security, contractual, and regulatory requirements.
Where an audit or access requirement is mandatory under applicable law, regulation, certification, or an expressly accepted contractual obligation, the applicable mandatory or agreed requirements will prevail.
Digital and information security
3Dresyns seeks to limit unnecessary access to Confidential Information and to apply technical and organizational measures appropriate to the nature of the information and associated risks.
Measures may include controlled user access, strong authentication practices, secure communications, controlled data storage, backups, security monitoring, employee awareness, confidentiality procedures, and other technical or organizational safeguards where appropriate.
External hosting, cloud, e-commerce, communications, or technology providers may be used where necessary for Company operations and are subject to the applicable privacy, security, contractual, and data-protection framework.
Further information concerning external data processing and storage is available in External data storage sites and the Privacy Policy.
Reverse engineering
Applicable trade-secret law may permit observation, study, disassembly, testing, or other analysis of a lawfully possessed product in circumstances where the person performing the activity is not subject to a valid obligation restricting that activity.
For this reason, purchase of 3Dresyns Products is subject to contractual restrictions intended to prevent unauthorized reverse engineering undertaken for the purpose of discovering, reproducing, disclosing, or commercially exploiting proprietary formulations, compositions, trade secrets, or confidential know-how, to the fullest extent permitted by applicable law.
These restrictions apply only where they have been validly incorporated into the applicable contractual relationship and only to the extent permitted by applicable law.
Ordinary Product testing, printing, processing, quality control, performance evaluation, and application validation are not prohibited merely because they involve technical testing, provided they are not undertaken for a prohibited reverse-engineering or trade-secret acquisition purpose.
Read: Prohibition against reverse engineering and penalties.
Research, testing results, and publication
Purchase or legitimate use of a 3Dresyns Product does not, by itself, transfer ownership to the Company of independently generated research data, testing results, scientific conclusions, or other intellectual output created by a customer or third party.
However, a customer, research organization, collaborator, or other Recipient must not publish or disclose Company Confidential Information, protected trade secrets, proprietary compositional information, NDA-protected material, or other information subject to a valid contractual restriction without the authorization required under the applicable agreement or Legal Terms.
Where a publication, presentation, manuscript, dataset, report, or other communication contains or could reveal Company Confidential Information or information supplied under an NDA, the applicable confidentiality and publication-review requirements must be followed before disclosure.
Where the parties have expressly agreed in writing to a pre-publication review procedure for a collaborative research, development, validation, or technology-transfer project, that agreed procedure shall apply.
Any pre-publication review conducted by the Company in such circumstances is intended to identify Confidential Information, trade secrets, intellectual property, inaccurate attribution, or other matters covered by the applicable agreement. It does not give the Company ownership of independently generated scientific conclusions unless such ownership has been expressly agreed in writing.
Nothing in this policy prohibits truthful statements, genuine complaints, legally protected disclosures, communications with competent authorities, the exercise or defence of legal rights, or other publications or disclosures that cannot lawfully be restricted.
Read: Permission to publish and Confidentiality.
Artificial intelligence and external processing systems
Company Confidential Information must not be submitted to unauthorized external artificial intelligence systems, large language models, analytical platforms, or comparable third-party processing systems where doing so would disclose, expose, reproduce, or otherwise process protected Company information contrary to the applicable confidentiality obligations.
Detailed requirements concerning external AI systems and third-party processing tools are provided in the Company's Confidentiality policy.
Legal protection of trade secrets
In Spain, qualifying trade secrets are protected principally under Ley 1/2019, de 20 de febrero, de Secretos Empresariales, which implements Directive (EU) 2016/943 concerning the protection of undisclosed know-how and business information against unlawful acquisition, use, and disclosure.
Trade-secret protection may coexist with contractual confidentiality obligations, intellectual-property rights, unfair-competition rules, and other applicable legal protections.
Where unlawful acquisition, use, or disclosure of a protected trade secret is established, the Company may seek the contractual and legal remedies available under the applicable law.
No restriction of mandatory rights
Nothing in this policy prohibits an activity, analysis, communication, disclosure, publication, regulatory submission, legally protected reporting, or exercise of legal rights that cannot lawfully be restricted.
Where disclosure of protected information is required by a competent authority or applicable law, the applicable legal requirement prevails. Where legally permissible, appropriate confidentiality measures may be requested to protect proprietary information disclosed for that purpose.
Relationship with the Legal Terms
This page explains the Company's approach to protection of trade secrets and proprietary know-how and must be read together with the applicable Legal Terms, including:
- Confidentiality;
- Prohibition against reverse engineering and penalties;
- Permission to publish;
- Ownership of contents; and
- Terms & Conditions.
Where a separate NDA, research agreement, development agreement, technology-transfer agreement, or other individually negotiated written contract exists, that agreement shall prevail in relation to the matters specifically governed by it.