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Trade Secret Protection

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

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Trade Secret Protection

  1. 1. Trade Secret ProtectionTrade Secret Protection Dr. Kalyan C. Kankanala, BananaIP Blog: www.bananaip.com/sinapse-blog
  2. 2. Overview  Historical Development  Rationale  Terms  Real vs. Trade Secrets  Differences
  3. 3. Trade Secret  Elements  Independent economic value  Generally known or readily ascertainable  Proper means  Persons  Reasonable Efforts
  4. 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. 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. 6. Defenses  Independent Creation  Reverse Engineering
  7. 7. Remedies  Injunction  Damages  costs
  8. 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. 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. 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. 11. Case 2  Pioneer v. Holden  Seen around farms  Managed to hire a key person  Acquired data related to breeding
  12. 12. Indian Law  Trade Secrets  Contract  Trust/Relation of Confidence  Criminal Law  IT Act  Official Secrets Act
  13. 13. Patent v. Trade Secret  Three areas of conflict  Patentable  Partially patentable  Not patentable  Factors
  14. 14. Patent and Padlock  Overprotect  Exploit the overlap  Build a wall  Lay a mine field  Fall back position  Patent and Padlock
  15. 15. – Thank you – For the ppt and further information www.bananaip.com/sinapse-blog

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