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Trade Secrets

BananaIP Counsels > Trade Secrets

CommScope Sues Rosenberger to Protect Trade Secrets, Tencent Lifts NBA Broadcast Ban, California Bans New Fur Products and more.

DPIIT Launches IPR Platform for Startups; CommScope Sues Rosenberger to Protect Trade Secrets; Tencent Lifts NBA Broadcast Ban; California Bans New Fur Products; US Court Finds UPL Guilty of Stealing SmartFresh Trade Secrets; Brydge Sues Kickstarter for Selling iPad Keyboard Clone; Photographer Sues Law Firm for Using Copyrighted Photograph; Judge Allows Part of WTC Infringement Suit to Proceed; Facebook Complies, but Google Resists Delhi HC Orders; Prime Match Reschedule Irks Football Fans and more. DPIIT Launches IPR Platform for Startups The Department for Promotion of Industry and Internal Trade's (DPIIT) Cell for Intellectual Property Rights (IPR) Promotion and Management (CIPAM)-(DPIIT) in collaboration...

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‘Trade Secret’ Law is Turning Out to be a Well-Kept ‘Secret’

This image depicts a rusted lock on a gate. This image is relevant because this post talks about the ongoing debate about the Trade Secret law in India. Click on the image to view full post

This post was published on August 26, 2014.

 

A recent discussion with a friend made me contemplate the methods companies use to protect a business process. Most companies have processes that help in their smooth daily functioning yielding them their revenue. Since business methods are not patentable in India, there must be a way that these processes can be protected from competitors. Of course there is – Trade Secrets.

A business process forms part of a company’s Confidential Information and can be protected as a Trade Secret. A Trade Secret is any kind of ‘information’ or ‘know-how’ which is not ‘publicly known‘, has ‘commercial advantage’ and which the owner has taken ‘reasonable measures to keep secret’. Largely, many countries recognize these as the normal components for protection of a Trade Secret. In India, unlike in the USA or other countries, there is no specific legislation to protect Trade Secrets.

Is Coke’s Formulation Still a Trade Secret?

This image describes a can of Coca Cola. This image is relevant because this post talks about whether or not Coca Cola's trade secret is still a trade secret. Click on the image to view full post.

This post was first published on February 16, 2011. Coca Cola's secret formulation is the most cited example to elucidate the business value of trade secrets. Coca Cola has been taking stringent measures to protect the secrecy of its formulation and it is believed that the formulation makes it the most popular soft drink in the world. Recent news reports seem to suggest that Coke's formulation is not a trade secret any more. Alleged claims of a weekly public radio show broadcasting organization, the “Thisamericanlife.org” of finding the top secret recipe of making Coca Cola has created quite a stir. The guarded...

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Trade Secret Violation – A Hypothetical Indian Case Scenario

The image depicts the text 'Trade Secret' on a piece of paper. The post is about a trade secret misappropriation case. to read more click here.

This post was last published on January 23rd, 2012. India has emerged as one of the important markets for information technology services and services involving business processes. With the constant development of industries in India, the growth of intellectual property has been exponential and so with it, the increasing need for providing better enforcement techniques to protect IP. India already has various statutes for the protection of patents, trademarks, copyrights, designs etc. But existing and rising industries/businesses are generating a lot of information which is confidential in nature and processes as well as technical know-how which qualify as trade secrets and...

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Reasonable Measures for Secrecy

This post was first published on July 4, 2011. One of the basic and most important requirements for protection of trade secrets is reasonable measures. Despite its value, information would not be considered to be a trade secret unless reasonable measures are taken to protect its secrecy. A measure is considered to be reasonable if it gives notice of the existence of a secret and mandates or imposes its non-disclosure. While the stringency of a measure would provide a strong basis to prove existence of a trade secret, measures need not be very stringent or unbreakable. Some measures that have been considered...

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A Pharmaceutical Perspective by Ms. Vinita Radhakrishnan

The featured image shows a stick figure standing on two diverging arrows. While the arrow on the left reads trade secrets, the arrow on the right reads patents. To know more about this post click here.

This talk on Trade Secrets and Patents was delivered by Ms. Vinita Radhakrishnan at the IIPLA 5th IP Conference held at the Carlton Palace Hotel, Dubai, United Arab Emirates (UAE). You may view the full presentation below. [slideshare id=130475180&doc=iiplapresentation-190204133117] Topics Covered in the presentation include: 1. The shift from traditional medicine to modern medicine 2. Making a choice between patents and trade secrets 3. Pros and Cons of Trade Secrets and Patents 4. IP Protection Models 5. Invention based IP strategy 6. Industry based IP strategy 7. Industry Trends 8. Top 10 pharma companies and their patenting trends 9. Patent trends (decrease in patents filed) 10. Number of patent applications filed by pharma...

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Validity of Non-Compete Covenants in India

This image depicts a gate locked with a chain. This image is relevant because this post talks about the validity of Employee's Non-Compete Covenants in India

First Publication Date: 15th December 2010 Agreements that restrain an employee from working with a competitor or carrying out a competing business are called Non-compete agreements. Such agreements, when reasonable are considered to be valid in countries such as USA and UK. However, under the Indian law Non-compete agreements are valid to a very limited extent because agreements in restraint of trade or employment are void under Section 27 of the Indian Contract Act. The section reads as follows:"27. Agreement in restraint of trade void .– Every agreement by which any one is restrained from exercising a lawful profession, trade or...

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Integrating Secrecy and Exclusivity to Gain Competitive Advantage

First Publication Date: 10th December 2010. Patents protect inventions by granting exclusive rights for a period of twenty years and trade secrets protect any information having business value as long as the information can be maintained secret. Unlike patents, trade secrets need not be registered and will remain valid based on measures taken by the trade secret holder. The subject matter of trade secrets is very broad and a very small portion of that subject matter relating to inventions overlaps with that of patents. What protection should a company opt for with respect to the overlapping subject matter? As propounded by the...

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Secrecy Obligations of Employees

This picture depicts a person keeping a finger on his lips. This image is relevant because this post talks about the secrecy obligations of employees. Click on the image to view full post.

First Publication Date: 7th December 2010. Trade Secrets form an important part of intellectual property owned by most knowledge driven companies. Infact, patents and others are just the tip of the intellectual property ice berg of a company, the rest being trade secrets. Most countries including India do not have legislations protecting trade secrets and the law with respect to their protection emanates from court decisions. Agreements have been recognized by Indian courts to be valid measures to protect secrets. Some of the decisions have been provided  hereunder for your reference. Niranjan Shankar Golikari v. The Century Spinning and Mfg. Co. Ltd[i] Mr. Niranjan...

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