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Trade Secret Protection
Trade Secret Protection
Trade Secret Protection
Trade Secret Protection
Trade Secret Protection
Trade Secret Protection
Trade Secret Protection
Trade Secret Protection
Trade Secret Protection
Trade Secret Protection
Trade Secret Protection
Trade Secret Protection
Trade Secret Protection
Trade Secret Protection
Trade Secret Protection
Trade Secret Protection
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Trade Secret Protection

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Presentation on Trade Secret Protection - Dr. Kalyan C. Kankanala

Presentation on Trade Secret Protection - Dr. Kalyan C. Kankanala

Published in: Law, Technology
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Transcript

  • 1. Trade Secret ProtectionTrade Secret Protection Dr. Kalyan C. Kankanala, BananaIP Blog: www.bananaip.com/sinapse-blog
  • 2. Overview  Historical Development  Rationale  Terms  Real vs. Trade Secrets  Differences
  • 3. Trade Secret  Elements  Independent economic value  Generally known or readily ascertainable  Proper means  Persons  Reasonable Efforts
  • 4. Trade Secret  Reasonable efforts  Express duty of non disclosure via  Employment agreements  Non-disclosure agreements  Entrance and Exit interviews  Restricted access  Marking  Security system and policy
  • 5. Misappropriation  Conduct which results in obtaining trade secret information by improper means constitutes misappropriation.  ‘Imrproper means’  Criminal Conduct  Breach of Contract  Tortious liability
  • 6. Defenses  Independent Creation  Reverse Engineering
  • 7. Remedies  Injunction  Damages  costs
  • 8. Niranjan v. Century Spinning  Employee - Training  Confidentiality and Non-compete clauses in employment agreement of 5 years  Joined competitor  Injunction against disclosure  Restraint during term of agreement valid AIR 1967 SC 1098
  • 9. Mundipharma AG Vs. Wockhart  Polyvinyl pyrolidone-Iodine (PVP-I)  License to sell preparations - 'Betadine' and Isodine  Confidentiality of manufacturing processes  Non-compete clause  Held not valid as information not confidential ILR 1991 Delhi 606
  • 10. Case 1  Salsbury Met with higher ups before joining Worked on the same project Took valuable documents Wrote an article criticizing the project
  • 11. Case 2  Pioneer v. Holden  Seen around farms  Managed to hire a key person  Acquired data related to breeding
  • 12. Indian Law  Trade Secrets  Contract  Trust/Relation of Confidence  Criminal Law  IT Act  Official Secrets Act
  • 13. Patent v. Trade Secret  Three areas of conflict  Patentable  Partially patentable  Not patentable  Factors
  • 14. Patent and Padlock  Overprotect  Exploit the overlap  Build a wall  Lay a mine field  Fall back position  Patent and Padlock
  • 15. – Thank you – For the ppt and further information www.bananaip.com/sinapse-blog

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