Trading in trade secrets and the art of knowledge share
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Trading in trade secrets and the art of knowledge share

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A short presentation of on the use, management and protection of trade secrets. For a related blog post click here: http://afro-ip.blogspot.com/2013/04/trading-in-trade-secrets-and-art-of.html

A short presentation of on the use, management and protection of trade secrets. For a related blog post click here: http://afro-ip.blogspot.com/2013/04/trading-in-trade-secrets-and-art-of.html

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Trading in trade secrets and the art of knowledge share Trading in trade secrets and the art of knowledge share Presentation Transcript

  • The Corrupting of Amber Compiled by Darren Olivier Partner
  • Actio servi corrupti“action for making a slave worse”or“an action for corrupting a servant”
  • Trade Secrets – An IntroductionRequirements: Information which is• useful in trade or industry• kept confidential• valuable by providing entity with a competitive edge• includes negative info such as research options which proved ineffective The definition is broad – whether info qualifies as a trade secret is a question of fact
  • Using Trade Secrets To Your Advantage
  • Trade Secrets – An Introduction Continued Advantages of Trade SecretsTrade Secrets PatentsIndefinite protection Limited time frame for protectionNo registration costs Procedural costsImmediate effect against competitors Effective once procedure = completeand non-competitorsNo formal compliance required Must comply with formalities – disclosure
  • Trade Secrets – An Introduction Continued Disadvantages of Trade SecretsTrade Secrets PatentsIf the secret is embodied in aninnovative product, it may be reverse-engineered Exclusive right to exclude third partiesOnce the secret is made public, from commercial useanyone may have access and use it atwillDifficult to enforce Simpler to enforce, stronger protectionMay be patented by someone else You may patent anything thatwho developed the info by legitimate complies with the requirementsmeans
  • Trade Secrets – Protecting YourselfContractual Protection• Contract of service implies some protection• Confidentiality• Restraint of tradeBreach• Employee furnishes secret to opposition• Employee uses secret for their own benefit (no clear-cut test)Remedies• Claim based on unlawful competition• Claim for contract• Interdict, damages and cost
  • Trade Secrets – Protecting YourselfProtection After Termination• Two conflicting interests must be balanced: employer v employee• No concrete guidelines – Step 1: is it a Trade Secret? – Step 2: If yes, is use thereof reasonable and therefore justified? • Employed for specific purpose • Deliberate commitment to memory • Small contribution • Photocopying material • Only contributor • Takes material home • Employed for 25 years • Employee accepts similar job at • Senior position similar company • Many similar companies • Work is in public domain
  • Using Trade Secrets To Your AdvantageCoca-Cola • “World of Coca-Cola” in Atlanta • “Vault of the Secret Formula” • Secret Formula 4-D Theatre
  • Using Trade Secrets To Your Advantage KFC •11 secret herbs and spices •Original recipe chicken •colonelsanders.com
  • Using Trade Secrets To Your Advantage
  • Using Trade Secrets To Your Advantage
  • Trade Secrets – Changes to be aware ofExchange control• Amendment to the Exchange Control Regulations made under Section 9 of the Currency and Exchanges Act 9 of 1933 in June 2012• “Capital” subject to exchange control provisions includes any intellectual property right, whether registered or unregisteredWorkplace Environment• Confidentiality• Protectable interests