Tag: Confidential Information

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Do’s and Don’ts for a Non Disclosure Agreement

  Original Date of Publication: November 26th, 2009 Please note that the Do's and Don'ts provided hereunder are broad and non-exhaustive guidelines. Kindly consult a lawyer for specific advise. Do’s 1. Define the meaning of the term Confidential Information to cover all kinds of information that may be disclosed. Exclusions to confidential information may be included within the definition. 2. The purpose for which confidential information is provided must be lucidly stated in the agreement. 3. The parties permitted to access the confidential information must…

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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…

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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…

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The image depicts a man using his laptop and a 'startup' text in front.

Intellectual Property for Start Ups and Entrepreneurs

First Publication Date: 25th November 2009 Intellectual Property protection provides business and competitive advantage to a company. While IP is important for all companies, its value for A Start Up Company, especially, a technology or knowledge based company, is very high. In addition to providing business and competitive advantage, IP can play a very important role in enabling a Start Up company to build business relationships, raise funds, face cut throat competition and so on. In the light of…

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Employment to Entrepreneurship: Arnab Goswami, Times Now, Republic TV and Intellectual Property

  The row between Arnab Goswami and The Times Group (Bennett Coleman & Co.) elucidates some problems an employee turned entrepreneur may face from her/his erstwhile employer. Arnab Goswami was the star of Times Now, a television news channel, and his catch phrase, "The Nation Wants to Know," is extremely popular, to say the least. At the end of 2016, Goswami decided to quit Times Now on what appears to be not very amicable terms. In the first week of May…

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Importance of IP For Start-ups and Entrepreneurs(Part IX)

Importance of IP For Start-ups and Entrepreneurs(Part IX): IP Risk Clearance Checklist

Clearing IP Risks is very important before starting a business. A mistake with respect to this can kill a start-up. Some basic IP clearance steps to be taken by all start-ups and entrepreneurs are: Patent Risk Clearance Check if your business idea is the subject of any IP/Patent protection by another person or entity. Perform a patent search to check if any patents cover any aspect of your business. If your business or technology falls within…

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This image depicts the trademark logo of Linkedin. This image is relevant because this post talks about whether Linkedin connections can be considered as trade secrets. Click on the image to view full post.

Are LinkedIn Connections Trade Secrets?

This question came up in an Employer-Employee trade secret dispute before a California Court. David Oakes was working in a sales position with a company called Cellular Accessories under an Employment Agreement with a clause to safeguard the company's trade secrets. As a part of his employment with Cellular Accessories, David established more than nine hundred contacts on LinkedIn and maintained the list on his computer. The list was updated whenever a new contact was made. On leaving the company,…

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This image depicts a confused and hesitant man working on a computer. This image is relevant because the post talks about the possibility of maintaining trade secrecy. Click on the image to view full post

Is Trade Secrecy Always Possible?

The possibility of protection and a company's capability to protect a secret is indeed an important factor to be considered while defining the nature of protection. Though many factors may be in favor of trade secret protection over patent protection, the incapability of an organization to maintain secrecy is a very important factor and may shift the balance. The kind of information sought to be safeguarded, measures required for protection, nature of business, organization's stature, and so on play a very…

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