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confidentiality Tag

BananaIP Counsels > Posts tagged "confidentiality"

‘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.

‘Gene Sequences’ Not Copyright Worthy!

Emergent Genetics v. Shailendra Shivam The Delhi High Court in the case of Emergent Genetics v. Shailendra Shivam looked into questions surrounding the protection of DNA sequences as copyright and confidential information. In this case, the Plaintiff had alleged that the Defendants had infringed their copyright over hybrid seeds developed by them. The Plaintiff had contended that DNA sequences were analogous to computer programs and could hence be afforded copyright protection. Also, it was their contention that the documentation surrounding DNA sequences could be protected as confidential information. The Defendants, on the other hand, alleged that the Copyright Act was inapplicable...

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Digital License Agreement -Part II

  Licensing of creative content like cinematographic films or sound recording through digital platforms forms an integral part of the entertainment business. This post is in continuation of our previous post about the structure of a Digital Licensing Agreement. In addition to the definitions, grant of license and the consideration clauses in a standard license agreement, the parties must ensure that the following clauses are also included in the Digital License Agreement: Representations and Warranties : It is essential to ensure that both parties give representations regarding their validity, good standing and organization as well as their right and authority to...

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