safeguarding trade secrets
TRANSCRIPT
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By
Sandeep Hegde M.
www.sinapseblog.com
www.onlineipcourses.com
www.ipracademy.org
Friday 4 May 2012
mailto:[email protected]://www.sinapseblog.com/http://www.onlineipcourses.com/http://www.ipracademy.org/http://www.ipracademy.org/http://www.onlineipcourses.com/http://www.sinapseblog.com/mailto:[email protected] -
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Trade Secrets are
Present in most Business
Competitive Advantage
Most well guarded trade secrets
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What are Trade Secrets?
Any information- formula, pattern,
compilation, program, device, method
etc.
Should have these Attributes-
1. Independent economic value
2. Not generally known
3. Not readily ascertainable4. Reasonable efforts to maintain secrecy
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Reasonable Measures toMaintain Secrecy
Agreements
Physical Security
Confidentiality Notices
Information Security
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Agreements
Employees obligation to maintain
secrecy
Secrecy obligations survive termination
of Contract
Validity of Non-compete clauses
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What should an NDAhave?DefinitionsConfidential Information
Purpose
Confidentiality Obligations
Term and Termination
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Essential Features
Must possess commercial advantage
Holder must take reasonable measures
No registration required
Term- as long as the secrecy is
maintained
Ideas that are not patentable can
protected as trade secrets
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Misappropriation
Acquisition by Improper Means
Use of others trade secret without
consent
Derived from a person who has acquired
by Improper means
Derived from a person having duty to
maintain secrecyAccident or Mistake
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Exceptions
Discovery by fair and honest means
Independent Invention
Lawful acquisition of information
Reverse Engineering
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Example
Pavmane is the owner of a chain of eateries
in Mumbai famous for its unique Vada Pav.
The reason for its unique taste is
Pavmanes secret masala which is knownonly to him and his two sons.
Pavmane and his two sons personally visit
every outlet and deliver the masala theymake at home.
Is this a trade secret?
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Example
Pavmanes cook accidentally comes to
know about the secret ingredient when
Pavmane is talking to his sons. He quits
his job and joins a competitorsrestaurant and starts preparing the
unique Vada Pav.
Is this misappropriation?
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Remedies
Injunction
Damages
Profits
Reasonable Royalties
Criminal Action
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Cases
Mattel v. MGA- Bratz dolls
Delmontes case
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Protection Strategy
Inventions
Patentable Non-patentable Doubtfully patentable
Protect as
Trade Secrets
Protect as Trade
Secrets
Business Decision
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Factors to be Considered
Possibility of Independent Creation
Possibility of Successful Reverse
Engineering
Number of Competitors working on the
invention
Shelf life of the invention
Number of patents relating to the
invention
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Thank youwww.onlineipcourses.com
www.sinapseblog.comwww.ipracademy.com
Friday 4 May 2012
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