Trade Secret: Protection & Remedies
38 Pages Posted: 24 May 2010
Date Written: June 1, 2009
This article presents the importance of trade secret protection and what are the several ways to protect the trade secret at national as well as international level. To understand the importance of trade secret protection one should know what actually trade secret means and what type of the information constitute trade secret. The article begins with a brief general definition of the trade secret and different types of the trade secret. After it will explain the essential elements or requirement that information must fulfill to be protected under trade secret right. Thereafter, some silent features of the trade secret protection system will be provided that makes trade secret different from other IP forms especially patent, as both protect the Innovations. The trade secrets are preliminary form of every intellectual property rights and have a great need of protection, which will be explained along with significance of protecting the information as trade secrets. It also provides a complete picture about the various ways of protecting the trade including the legal system, sui generis system, and international agreement bearing trade secret protection. This article also explains protection of trade secret at national level; this gives an idea about different laws enacted in different countries to protect the information under trade secret. Then it will be necessary to explain, what the possible remedies available are for a person whose trade secrets are either infringed or prone to infringement in the future. Wherever it is found necessary, I have tried best to make the subject matter clear with the help of case studies. In short the present author wants to give a deep insight of the trade secret protection system starting from their definition to the judicial relief for the infringement of trade secret.
Keywords: Trade secret, Patent vs. trade secret, misappropriation
JEL Classification: O34
Suggested Citation: Suggested Citation