Protection of Trade Secret
Contents:
1. Interpretation and Analysis of the topic
1.a) Trade Secret :Definition
1.b) Intellectual Property Rights: An overview
2. Approach towards the study
1.a) Examining current laws in India
1.b) Analysis of international laws
1.c) TRIPS
1.d) Reference case studies for further analysis
3. Literature to be reviewed
4. Web References and Bibliography
1. Interpretation and Analysis of the topic
1.a) Trade Secret: Definition
A trade secret is a process, formula, practice, design, pattern or compilation of information which is not commonly known or reasonably ascertainable. It provides an enterprise a competitive edge and thus the owner consciously attempts to keep the same secret and confidential.
Important criteria to consider any information as trade secret as given in Article 39.2 of the TRIPS Agreement are:
1. It must have commercial value as a secret
2. It must not be generally known or readily accessible to people who normally deal with such types of information. (However, a trade secret can include a combination of elements that are in the public domain, if the trade secret constitutes a unique, effective, successful and valuable integration of the public domain elements.)
3. The lawful owner must take reasonable steps to keep it secret
[Source: http://www.asiaiplaw.com]
1.b) Intellectual property Right: An Overview
The study of Protection of Trade Secrets comes under the scope of Intellectual property rights.
The term “intellectual property” denotes the rights over an intangible object of the person whose mental efforts created it and refers to a loose aggregation of legal doctrines for regulating the use of different sorts of ideas and insignia.
Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.
There is a need for laws that protect IP for these reasons:
1. Providing legal framework to
1. Interpretation and Analysis of the topic
1.a) Trade Secret :Definition
1.b) Intellectual Property Rights: An overview
2. Approach towards the study
1.a) Examining current laws in India
1.b) Analysis of international laws
1.c) TRIPS
1.d) Reference case studies for further analysis
3. Literature to be reviewed
4. Web References and Bibliography
1. Interpretation and Analysis of the topic
1.a) Trade Secret: Definition
A trade secret is a process, formula, practice, design, pattern or compilation of information which is not commonly known or reasonably ascertainable. It provides an enterprise a competitive edge and thus the owner consciously attempts to keep the same secret and confidential.
Important criteria to consider any information as trade secret as given in Article 39.2 of the TRIPS Agreement are:
1. It must have commercial value as a secret
2. It must not be generally known or readily accessible to people who normally deal with such types of information. (However, a trade secret can include a combination of elements that are in the public domain, if the trade secret constitutes a unique, effective, successful and valuable integration of the public domain elements.)
3. The lawful owner must take reasonable steps to keep it secret
[Source: http://www.asiaiplaw.com]
1.b) Intellectual property Right: An Overview
The study of Protection of Trade Secrets comes under the scope of Intellectual property rights.
The term “intellectual property” denotes the rights over an intangible object of the person whose mental efforts created it and refers to a loose aggregation of legal doctrines for regulating the use of different sorts of ideas and insignia.
Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.
There is a need for laws that protect IP for these reasons:
1. Providing legal framework to