Is Trade Secrecy Always Possible?
The kind of information sought to be safeguarded, measures required for protection, nature of business, organisation’s stature and so on play a very important role in defining a company’s capability to protect a trade secret. If the information sought to be protected is of a nature that it can be easily understood from available sources or from the products of the company, then patent protection may be preferred. For example, composition of a vegetable salad may be easily ascertained from the product and patent protection may be a better option. (The assumption here is that the composition is patentable.) However, trade secret protection may be a better option if the information is a process for making cakes.