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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

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

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…
August 21, 2019 Intellectual Property, Trade Secrets 0Comment 1007Views 1Like
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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.

Is Coke’s Formulation Still a Trade Secret?

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…
July 20, 2019 Trade Secrets 0Comment 1538Views 1Like
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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.

Trade Secret Violation – A Hypothetical Indian Case Scenario

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…
February 17, 2019 Intellectual Property, Trade Secrets 0Comment 1503Views 0Like
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Intellepedia - IP News Updates

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…
February 15, 2019 Intellectual Property, Trade Secrets 0Comment 680Views 0Like
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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.

A Pharmaceutical Perspective by Ms. Vinita Radhakrishnan

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. 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…
February 4, 2019 Intellectual Property, Patents, Trade Secrets 0Comment 790Views 0Like
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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

Validity of 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…
December 24, 2018 Intellectual Property, Trade Secrets 0Comment 1017Views 0Like
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PATENT OPPOSITION x

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…
December 22, 2018 Intellectual Property, Trade Secrets 0Comment 668Views 0Like
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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.

Secrecy Obligations of Employees

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.…
December 18, 2018 Intellectual Property, Trade Secrets 0Comment 1961Views 0Like
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The featured image is a screen grab of the first slide of the presentation titled "Trade Secrets and Information Security". This presentation was delivered by Dr. Kalyan C. Kankanala at CISCO, Bangalore

Trade Secret Case Law Jurisprudence in India- 1

First Publication Date: 21st December 2009 Trade Secret in India is not protected under any specific law but Indian Courts from time to time have recognized that confidential business information, such as customer lists, details of suppliers, pricing policies, product launch time-schedules, management marketing, know-how, designs, drawings, model, specifications, surface data, notes, improvements, technical information and so on may qualify as trade secrets. The jurisprudence that has developed in relation to trade secrets and confidential information is by way…
October 27, 2018 Intellectual Property, Trade Secrets 0Comment 2364Views 0Like
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