This presentation discusses trade secret protection and management. It begins by defining trade secrets and outlining the legal requirements to qualify for protection. It then discusses enforcement options and strategies companies can use to properly manage trade secrets, including identifying secrets, employee education, access restrictions, and using confidentiality agreements. The final section compares trade secret protection to patent protection and considerations for choosing one approach over the other based on legal and business factors like market life, ease of reverse engineering, likelihood of independent development, and subject matter type.
This is a brief intro to Trade Secret law.
This presentation includes:
• A definition of Trade Secrets.
• Description of “Negative” Trade Secrets.
• How long do Trade Secrets last?
• Legal protection for Trade Secrets.
• How do you file a Trade Secret? (Spoiler: you don’t.)
• How to protect Trade Secrets.
• What happens when a Trade Secret is breached?
• Trade secret licensing.
Intellectual Property Rights [Trade Secret]Anil Kumar
Trade secrets are a type of intellectual property that comprise formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ascertainable by others, and which the owner takes reasonable measures to keep secret. In some jurisdictions, such secrets are referred to as confidential information.
Trade secrets vs. confidential informationAltacit Global
A trade secret is confidential business information that provides an economic advantage over competitors. It must not be publicly known, provide some economic benefit from being secret, and reasonable efforts must be taken to maintain its secrecy. Confidential information refers to sensitive information received in confidence from another party that one has a duty to not disclose without permission. Both trade secrets and confidential information involve keeping certain business or personal information private, but trade secrets specifically provide an economic advantage from being secret.
The document discusses trade secret law and provides an overview of key concepts. It defines what constitutes a trade secret, the requirements for information to qualify for trade secret protection, and how trade secrets are protected under common law principles and the Uniform Trade Secrets Act. It also describes how trade secret protection interacts with copyright and patent law, noting that information cannot be protected indefinitely under both trade secret and patent law. Finally, it briefly discusses contractual agreements used to protect confidential information.
This document discusses intellectual property rights, specifically trade secrets. It defines a trade secret as confidential business information that provides a competitive advantage. Examples provided include formulas, recipes, and manufacturing techniques. It outlines best practices for maintaining secrecy such as limiting access, using non-disclosure agreements, and marking materials as proprietary. Trade secrets can potentially last indefinitely while providing worldwide protection without registration or fees. However, they can be lost through improper disclosure or discovery through legal reverse engineering. The document contrasts trade secrets with patents and discusses common ways trade secrets are stolen, such as by departing employees.
Intellectual Property Rights In India: Patents Trademarks And Copyrights JRA & Associates
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
Let us try and understand the basics of these intellectual property rights, how they can be applied for in India and understand how and why they are litigated so fiercely.
The document discusses various aspects of intellectual property rights including patents, trademarks, copyright, and industrial designs. It provides details on what can be patented or copyrighted, ownership and duration of intellectual property rights, compulsory licensing, and infringement issues. The key types of intellectual property instruments covered are patents, trademarks, copyright, industrial designs, geographical indications, and domain names.
This is a brief intro to Trade Secret law.
This presentation includes:
• A definition of Trade Secrets.
• Description of “Negative” Trade Secrets.
• How long do Trade Secrets last?
• Legal protection for Trade Secrets.
• How do you file a Trade Secret? (Spoiler: you don’t.)
• How to protect Trade Secrets.
• What happens when a Trade Secret is breached?
• Trade secret licensing.
Intellectual Property Rights [Trade Secret]Anil Kumar
Trade secrets are a type of intellectual property that comprise formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ascertainable by others, and which the owner takes reasonable measures to keep secret. In some jurisdictions, such secrets are referred to as confidential information.
Trade secrets vs. confidential informationAltacit Global
A trade secret is confidential business information that provides an economic advantage over competitors. It must not be publicly known, provide some economic benefit from being secret, and reasonable efforts must be taken to maintain its secrecy. Confidential information refers to sensitive information received in confidence from another party that one has a duty to not disclose without permission. Both trade secrets and confidential information involve keeping certain business or personal information private, but trade secrets specifically provide an economic advantage from being secret.
The document discusses trade secret law and provides an overview of key concepts. It defines what constitutes a trade secret, the requirements for information to qualify for trade secret protection, and how trade secrets are protected under common law principles and the Uniform Trade Secrets Act. It also describes how trade secret protection interacts with copyright and patent law, noting that information cannot be protected indefinitely under both trade secret and patent law. Finally, it briefly discusses contractual agreements used to protect confidential information.
This document discusses intellectual property rights, specifically trade secrets. It defines a trade secret as confidential business information that provides a competitive advantage. Examples provided include formulas, recipes, and manufacturing techniques. It outlines best practices for maintaining secrecy such as limiting access, using non-disclosure agreements, and marking materials as proprietary. Trade secrets can potentially last indefinitely while providing worldwide protection without registration or fees. However, they can be lost through improper disclosure or discovery through legal reverse engineering. The document contrasts trade secrets with patents and discusses common ways trade secrets are stolen, such as by departing employees.
Intellectual Property Rights In India: Patents Trademarks And Copyrights JRA & Associates
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
Let us try and understand the basics of these intellectual property rights, how they can be applied for in India and understand how and why they are litigated so fiercely.
The document discusses various aspects of intellectual property rights including patents, trademarks, copyright, and industrial designs. It provides details on what can be patented or copyrighted, ownership and duration of intellectual property rights, compulsory licensing, and infringement issues. The key types of intellectual property instruments covered are patents, trademarks, copyright, industrial designs, geographical indications, and domain names.
This document provides an overview of intellectual property concepts including patents, trademarks, copyright, and industrial designs. It defines intellectual property as creations of the mind like artistic works, symbols, names, and signs used in commerce. Intellectual property rights give creators exclusive rights over their creations for a certain period to benefit from their work. The document outlines international treaties governing intellectual property, different types of intellectual property like patents, trademarks, copyright, and industrial designs. It discusses intellectual property laws and registration procedures in India.
This document summarizes copyright infringement under Indian law. It defines infringement as breaking copyright law, which causes economic loss to copyright owners. Direct copying, indirect copying, and substantial copying can all constitute infringement. The principles of determining infringement include conscious, unconscious, and subconscious copying. Several court cases dealing with copyright infringement in movies, songs, and books are summarized. Exceptions to infringement and the doctrine of fair dealing are explained. Finally, civil and criminal remedies for copyright infringement are outlined.
Indian Patent Law: Patentability RequirementsLipika Sahoo
The document discusses Indian patent law and the requirements for patentability in India. It notes that India follows a first-to-file system. The key requirements for an invention to be patentable are that it must have patentable subject matter, utility, novelty, non-obviousness, and be adequately described in the specification. It lists exclusions such as methods of agriculture or medicine that cannot be patented. The document also outlines the patent filing procedure and timeline in India.
A trademark is defined as a mark capable of being represented graphically and distinguishing goods/services of one person from others. Common law protects trademarks through unfair competition claims for misrepresentation, such as when an unregistered mark is used on similar goods with intent to pass off goods as belonging to another. For a passing off claim, the plaintiff must prove the claimant's goodwill, a misrepresentation by the defendant, and damage to goodwill. Action for passing off under common law protects a trader's goodwill and is different from infringement actions which protect registered rights.
This document defines what a trademark is and explains the importance and advantages of trademark registration. It states that a trademark is a distinctive sign that identifies certain goods or services from different sources. While registration is not legally required, it provides protections against infringement and helps establish ownership of the mark. The document outlines the registration process and requirements in India, including submitting an application to the Registrar of Trademarks along with the required forms and fees. It also describes what constitutes trademark infringement and the protections registration provides against such unauthorized use of a mark.
The document discusses several international treaties related to intellectual property protection administered by the World Intellectual Property Organization (WIPO). It provides details on the Beijing Treaty on Audiovisual Performances, the Berne Convention for the Protection of Literary and Artistic Works, and the principles and minimum standards of protection established by the Berne Convention. The Berne Convention deals with protecting works and author's rights, establishing the principles of national treatment, automatic protection without formalities, and independence of protection across countries.
This document provides an overview of trademark infringement and protection under Indian law. It defines what constitutes a trademark and infringement, including using an identical or deceptively similar mark for similar goods/services. Acts amounting to infringement include applying a registered mark to materials and taking unfair advantage of a mark's reputation. Statutory protection is provided under the Trademarks Act of 1999, including remedies like injunctions and seizure of infringing goods. Common law protections also exist through actions like "passing off". The document outlines several court cases related to trademark disputes and how principles of delay, descriptive names, and trans-border reputation have been applied.
Industrial design plays a critical role in differentiating products and enhancing brand image. Design makes products more visually appealing and adds to their commercial value. The original shape and external configuration of useful objects can be protected by industrial design rights, which protect only the appearance and not functionality. Ensuring proper protection of industrial designs is important for companies.
This document provides an overview of intellectual property rights from an Indian perspective. It defines intellectual property as creations of the mind used in commerce. The main types of intellectual property rights covered are patents, trademarks, industrial designs, copyright, and geographical indications. Case studies show some examples of intellectual property infringement in India. The conclusion emphasizes that intellectual property rights reward creativity and protect innovations, outlining steps taken by the Indian government to strengthen these protections.
The TRIPs Agreement is the most comprehensive international agreement on intellectual property rights administered by the World Trade Organization. It was established in 1994 to introduce intellectual property laws into international trade. Adoption of TRIPs is mandatory for WTO membership, requiring member nations to implement strict IP laws. TRIPs sets minimum standards for protecting copyrights, trademarks, patents, and other IP for a set number of years depending on a country's development status. The objective is to reward creativity, protect investments, and facilitate technology transfer between nations.
The document discusses key aspects of Indian Copyright Act, 1957:
1. It establishes the Indian Copyright Office and Copyright Board to administer copyright.
2. Copyright protects original literary, dramatic, musical and artistic works, films, sound recordings from unauthorized reproduction, adaptation, issue, performance or broadcast.
3. Copyright lasts 60 years from the death of author or date of publication for different types of works.
4. Owners of copyright have rights to assign and license copyrights. Infringement of copyright can lead to civil and criminal remedies.
This presentation summarizes key provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). It discusses Articles 3 and 4 which require national treatment and most-favored-nation treatment for intellectual property rights. Article 8 allows exceptions for public health and development. Articles 15-16 address protectable subject matter and rights conferred for trademarks. Articles 27-28 discuss patentable subject matter exceptions and rights conferred for patents, including preventing use without owner consent. The presentation provides an overview of several important articles under the TRIPS Agreement governing intellectual property rights and obligations for member nations.
International treaties provide a framework for protecting industrial property rights across borders. The key treaties discussed establish principles of national treatment, priority rights, and compulsory licensing. India is a member of major treaties including the Paris Convention, Berne Convention, Universal Copyright Convention, Patent Cooperation Treaty, and Budapest Treaty. These treaties help establish international standards for copyright, patents, trademarks and deposit of microorganisms.
patent types of patent,utility patent,design patent,plant patent,expiry of patent,how to apply patent,filling form of patent,sample of patent advantages of patents to the patentee and society, patent history-india
This document provides an overview of patent law in India. It discusses:
- The meaning and types of patents, including product and process patents.
- Requirements for an invention to be patentable such as novelty, inventive step, and industrial application.
- Exceptions for inventions that are not patentable, including traditional knowledge, plants/animals, surgical methods, and more.
- The procedure for obtaining a patent in India, including filing, examination, opposition periods, and renewal.
- Other topics like the term of a patent, specifications, and historical perspective on patent law in India.
This document provides an overview of intellectual property rights (IPR), including definitions, types, and key concepts. It discusses patents, trademarks, copyrights, industrial designs, geographical indications, trade secrets, and traditional knowledge. For patents specifically, it covers characteristics, types of patents, the patenting process, prior art, and related terminology. The document aims to inform the reader about various aspects of intellectual property.
This document provides an introduction to intellectual property rights (IPR) and patents. It defines IPR as legal rights over creations of the human mind, including inventions, literary/artistic works, and symbols/names used in commerce. Countries establish IPR laws to both protect creators' moral/economic rights and promote innovation/economic development. IPR is divided into industrial property like patents, trademarks, and copyright over literary/artistic works. The document outlines requirements and types of patents like product, process, and conditions for patentability including novelty, inventive step, and industrial applicability. Examples of patented inventions are also provided.
This document from the Agrawal Law Firm discusses trade secrets. It defines a trade secret as a formula, pattern, device, process or information that provides a competitive advantage and is kept secret. Examples include inventions, manufacturing techniques and algorithms. Trade secret protection lasts indefinitely as long as the information remains confidential. The document provides tips for companies to protect potential trade secrets, such as using non-disclosure agreements and limiting employee access to secret information. It also compares trade secret protection to patents.
This presentation was given at a March 2013 meeting of the HEA STEM Special Interest Group on teaching ethics to bioscience students. The meeting was hosted at the University of Northampton, UK, and the principal focus was on teaching about Ethics and Risk.
Professor Joe Perry is a member of the European Food Safety Authority (EFSA).
This document provides an overview of intellectual property concepts including patents, trademarks, copyright, and industrial designs. It defines intellectual property as creations of the mind like artistic works, symbols, names, and signs used in commerce. Intellectual property rights give creators exclusive rights over their creations for a certain period to benefit from their work. The document outlines international treaties governing intellectual property, different types of intellectual property like patents, trademarks, copyright, and industrial designs. It discusses intellectual property laws and registration procedures in India.
This document summarizes copyright infringement under Indian law. It defines infringement as breaking copyright law, which causes economic loss to copyright owners. Direct copying, indirect copying, and substantial copying can all constitute infringement. The principles of determining infringement include conscious, unconscious, and subconscious copying. Several court cases dealing with copyright infringement in movies, songs, and books are summarized. Exceptions to infringement and the doctrine of fair dealing are explained. Finally, civil and criminal remedies for copyright infringement are outlined.
Indian Patent Law: Patentability RequirementsLipika Sahoo
The document discusses Indian patent law and the requirements for patentability in India. It notes that India follows a first-to-file system. The key requirements for an invention to be patentable are that it must have patentable subject matter, utility, novelty, non-obviousness, and be adequately described in the specification. It lists exclusions such as methods of agriculture or medicine that cannot be patented. The document also outlines the patent filing procedure and timeline in India.
A trademark is defined as a mark capable of being represented graphically and distinguishing goods/services of one person from others. Common law protects trademarks through unfair competition claims for misrepresentation, such as when an unregistered mark is used on similar goods with intent to pass off goods as belonging to another. For a passing off claim, the plaintiff must prove the claimant's goodwill, a misrepresentation by the defendant, and damage to goodwill. Action for passing off under common law protects a trader's goodwill and is different from infringement actions which protect registered rights.
This document defines what a trademark is and explains the importance and advantages of trademark registration. It states that a trademark is a distinctive sign that identifies certain goods or services from different sources. While registration is not legally required, it provides protections against infringement and helps establish ownership of the mark. The document outlines the registration process and requirements in India, including submitting an application to the Registrar of Trademarks along with the required forms and fees. It also describes what constitutes trademark infringement and the protections registration provides against such unauthorized use of a mark.
The document discusses several international treaties related to intellectual property protection administered by the World Intellectual Property Organization (WIPO). It provides details on the Beijing Treaty on Audiovisual Performances, the Berne Convention for the Protection of Literary and Artistic Works, and the principles and minimum standards of protection established by the Berne Convention. The Berne Convention deals with protecting works and author's rights, establishing the principles of national treatment, automatic protection without formalities, and independence of protection across countries.
This document provides an overview of trademark infringement and protection under Indian law. It defines what constitutes a trademark and infringement, including using an identical or deceptively similar mark for similar goods/services. Acts amounting to infringement include applying a registered mark to materials and taking unfair advantage of a mark's reputation. Statutory protection is provided under the Trademarks Act of 1999, including remedies like injunctions and seizure of infringing goods. Common law protections also exist through actions like "passing off". The document outlines several court cases related to trademark disputes and how principles of delay, descriptive names, and trans-border reputation have been applied.
Industrial design plays a critical role in differentiating products and enhancing brand image. Design makes products more visually appealing and adds to their commercial value. The original shape and external configuration of useful objects can be protected by industrial design rights, which protect only the appearance and not functionality. Ensuring proper protection of industrial designs is important for companies.
This document provides an overview of intellectual property rights from an Indian perspective. It defines intellectual property as creations of the mind used in commerce. The main types of intellectual property rights covered are patents, trademarks, industrial designs, copyright, and geographical indications. Case studies show some examples of intellectual property infringement in India. The conclusion emphasizes that intellectual property rights reward creativity and protect innovations, outlining steps taken by the Indian government to strengthen these protections.
The TRIPs Agreement is the most comprehensive international agreement on intellectual property rights administered by the World Trade Organization. It was established in 1994 to introduce intellectual property laws into international trade. Adoption of TRIPs is mandatory for WTO membership, requiring member nations to implement strict IP laws. TRIPs sets minimum standards for protecting copyrights, trademarks, patents, and other IP for a set number of years depending on a country's development status. The objective is to reward creativity, protect investments, and facilitate technology transfer between nations.
The document discusses key aspects of Indian Copyright Act, 1957:
1. It establishes the Indian Copyright Office and Copyright Board to administer copyright.
2. Copyright protects original literary, dramatic, musical and artistic works, films, sound recordings from unauthorized reproduction, adaptation, issue, performance or broadcast.
3. Copyright lasts 60 years from the death of author or date of publication for different types of works.
4. Owners of copyright have rights to assign and license copyrights. Infringement of copyright can lead to civil and criminal remedies.
This presentation summarizes key provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). It discusses Articles 3 and 4 which require national treatment and most-favored-nation treatment for intellectual property rights. Article 8 allows exceptions for public health and development. Articles 15-16 address protectable subject matter and rights conferred for trademarks. Articles 27-28 discuss patentable subject matter exceptions and rights conferred for patents, including preventing use without owner consent. The presentation provides an overview of several important articles under the TRIPS Agreement governing intellectual property rights and obligations for member nations.
International treaties provide a framework for protecting industrial property rights across borders. The key treaties discussed establish principles of national treatment, priority rights, and compulsory licensing. India is a member of major treaties including the Paris Convention, Berne Convention, Universal Copyright Convention, Patent Cooperation Treaty, and Budapest Treaty. These treaties help establish international standards for copyright, patents, trademarks and deposit of microorganisms.
patent types of patent,utility patent,design patent,plant patent,expiry of patent,how to apply patent,filling form of patent,sample of patent advantages of patents to the patentee and society, patent history-india
This document provides an overview of patent law in India. It discusses:
- The meaning and types of patents, including product and process patents.
- Requirements for an invention to be patentable such as novelty, inventive step, and industrial application.
- Exceptions for inventions that are not patentable, including traditional knowledge, plants/animals, surgical methods, and more.
- The procedure for obtaining a patent in India, including filing, examination, opposition periods, and renewal.
- Other topics like the term of a patent, specifications, and historical perspective on patent law in India.
This document provides an overview of intellectual property rights (IPR), including definitions, types, and key concepts. It discusses patents, trademarks, copyrights, industrial designs, geographical indications, trade secrets, and traditional knowledge. For patents specifically, it covers characteristics, types of patents, the patenting process, prior art, and related terminology. The document aims to inform the reader about various aspects of intellectual property.
This document provides an introduction to intellectual property rights (IPR) and patents. It defines IPR as legal rights over creations of the human mind, including inventions, literary/artistic works, and symbols/names used in commerce. Countries establish IPR laws to both protect creators' moral/economic rights and promote innovation/economic development. IPR is divided into industrial property like patents, trademarks, and copyright over literary/artistic works. The document outlines requirements and types of patents like product, process, and conditions for patentability including novelty, inventive step, and industrial applicability. Examples of patented inventions are also provided.
This document from the Agrawal Law Firm discusses trade secrets. It defines a trade secret as a formula, pattern, device, process or information that provides a competitive advantage and is kept secret. Examples include inventions, manufacturing techniques and algorithms. Trade secret protection lasts indefinitely as long as the information remains confidential. The document provides tips for companies to protect potential trade secrets, such as using non-disclosure agreements and limiting employee access to secret information. It also compares trade secret protection to patents.
This presentation was given at a March 2013 meeting of the HEA STEM Special Interest Group on teaching ethics to bioscience students. The meeting was hosted at the University of Northampton, UK, and the principal focus was on teaching about Ethics and Risk.
Professor Joe Perry is a member of the European Food Safety Authority (EFSA).
plant variety protection and farmer actbabalu patel
The document provides an outline and overview of the Protection of Plant Varieties and Farmers' Rights Act. It discusses key topics like the objectives of providing plant variety protection and farmers' rights in India, criteria for registering plant varieties, rights granted to breeders of registered varieties, and procedures for applying for plant variety registration with the Protection of Plant Varieties and Farmers' Rights Authority. The document aims to explain the purpose and provisions of the Act related to protecting plant varieties and recognizing farmers' contributions in India.
The document defines a dictatorship as a form of autocratic government ruled by a single individual or small group who hold total power through force or inheritance. It discusses several historical dictators from the 20th century, including Trujillo of the Dominican Republic, Gaddafi of Libya, Milosevic of Serbia, Kim Jong-il of North Korea, Hussein of Iraq, Franco of Spain, Pol Pot of Cambodia, Mussolini of Italy, Hitler of Germany, and Stalin of the Soviet Union. These dictators are described as establishing absolute rule through oppression, human rights violations, genocide, war, and being responsible for millions of deaths.
Criteria for protection of new plant varieties and Farmers right act 2001siddarudh
Plant variety protection provides exclusive rights to breeders who develop new plant varieties. The Plant Variety Protection and Farmers Rights Act of 2001 established a system in India that recognizes the rights of both commercial breeders and farmers. It aims to encourage the development of new plant varieties and facilitate agricultural development by stimulating investment in plant breeding. Eligible varieties include new varieties, existing varieties, farmers' varieties, and essentially derived varieties. The act provides certain rights and exemptions to breeders and farmers.
Protection of plant variety and farmer's right act 2001Altacit Global
The document discusses key aspects of the Protection of Plant Variety and Farmers' Rights Act 2001 in India. It provides 3 main objectives of the act: to establish an effective system for protecting plant varieties, provide rights for farmers and plant breeders, and stimulate investment in research. It also summarizes provisions around registering plant varieties under the act, eligibility criteria, rights conferred to breeders, farmers, and researchers, and terms of protection.
A trade secret is a formula, practice, process, design, legal instrument, pattern or compilation of information which is not generally known or reasonable ascertainable, by which a business can obtain an economic advantage over competitors or customers. In some jurisdictions, such secrets are referred to as "confidential information" or "classified information".
The document summarizes India's Protection of Plant Varieties and Farmers Rights Act of 2001. The Act provides for plant breeders' rights over new plant varieties to promote agriculture development. It also protects farmers' rights by allowing them to save, use, exchange and sell farm-saved seed of protected varieties. Eligible varieties must be distinct, uniform and stable to qualify for protection for 15-18 years.
The document summarizes India's Protection of Plant Variety and Farmers' Rights Act of 2001. Some key points:
- The act established rules for registering new plant varieties and protecting breeders' rights, while also protecting farmers' rights to save, share, or sell harvested crops.
- To register a variety, it must be novel, distinct, uniform, and stable. Farmers can register traditional varieties.
- The act established a National Gene Fund to support conservation and provide compensation.
- Farmers are entitled to exemption from testing fees and protection against infringement of registered varieties. Breeders have rights to produce and sell registered varieties.
The document discusses the impact of Pakistan's membership in the World Trade Organization (WTO). It notes that Pakistan faces threats from liberalized trade policies, as developed countries provide heavy subsidies to their agriculture sectors while requiring developing countries like Pakistan to reduce subsidies and import tariffs. This makes Pakistani agriculture vulnerable to cheap imports. However, carefully balancing imports and exports through domestic support policies could help Pakistan benefit from WTO membership in the long run.
Law Of Protection Of Plant Varieties And Farmers Rightsin IndiaVijay Dalmia
Law of Protection of Plant Varieties and Farmers Rightsin India- A brief introduction with procedure and remidies by Vijay Pal Dalmia, Advocate-IP lawyer
This document summarizes the key farmers' rights provisions in India's Protection of Plant Varieties and Farmers' Rights Act of 2001. It outlines 9 types of farmers' rights established by the Act, including the right to save and replant seed, register traditional varieties, receive compensation, benefit sharing, and free services to protect farmers' interests and encourage conservation of plant genetic resources.
Protection of plant varieties and farmers' rights actAltacit Global
The Plant Variety Protection and Farmers' Rights Act provides legal protection for plant breeders' rights over new plant varieties in India, while also recognizing the rights of farmers. It establishes an effective sui generis system for protecting plant varieties that are new, distinct, uniform, and stable. The Act covers 18 plant species and provides breeders exclusive rights over a registered variety for 15-18 years. It allows exemptions for farmers to save and exchange seed, and for researchers to conduct experiments. Anyone can apply for variety registration, including farmers, universities, or private breeders. Applications require information about the variety and a sample for testing. The owner's rights include production, sale, marketing, distribution, import, and export
This document provides an overview of biodiversity. It defines biodiversity as the variety of life on Earth, including genetic diversity within species, species diversity within biological communities, and ecosystem diversity within and across landscapes. It discusses how biodiversity has evolved over 3.5 billion years and increased rapidly during the Cambrian explosion. While species diversity in the oceans has increased logistically, diversity on land has grown exponentially. The document also outlines different types of biodiversity like taxonomic diversity, ecological diversity, and genetic diversity. It notes that most terrestrial diversity is found in tropical forests and that an estimated 8.7 million species exist on Earth. The document concludes by discussing threats to biodiversity like habitat destruction and climate change, as well as conservation
Weeds reduce crop yields by 10-15% by competing for resources. Herbicides were developed to control weeds, but can also damage crops. Glyphosate is a broad-spectrum herbicide that inhibits the shikimic acid pathway in plants, blocking growth. To develop resistant crops, scientists have introduced the petunia EPSPS gene to overexpress the enzyme, used a mutant version of EPSPS that cannot bind glyphosate, and introduced bacterial genes that detoxify glyphosate. Combining these strategies provides high levels of herbicide resistance.
This document discusses various techniques used to analyze transgenic plants, including PCR, Southern blotting, Northern blotting, Western blotting, ELISA, and strip tests. PCR can detect the presence of a transgene but not copy number. Southern blotting determines transgene integration sites and copy number by detecting DNA fragments after restriction enzyme digestion. Northern blotting analyzes relative transgene expression at the mRNA level. Western blotting and ELISA detect and quantify transgene protein production. Strip tests provide a rapid, qualitative method to detect transgene proteins. Together, these techniques allow analysis of transgenic plants at the DNA, RNA, and protein levels.
The document discusses the World Trade Organization (WTO). It provides information on the formation of the WTO including that it was established in 1995 and replaced the GATT. The objectives of the WTO are to liberalize trade, promote world trade, ensure benefits for developing countries, increase competitiveness and employment, and establish rules for an open trading system. It has 153 member countries and agreements cover goods, services, intellectual property, and dispute settlement.
This document discusses genetically modified organisms (GMOs). It begins by defining a GMO as an organism whose genetic material has been altered through genetic engineering techniques. Common types of GMOs include food crops like soybeans, corn, and canola, as well as some medicines produced through genetic engineering. The document then provides a brief history of GMO development, including the creation of the first GMO in 1973 and the commercialization of genetically engineered foods in the 1990s. It discusses both perceived benefits of GMOs, such as increased crop yields and disease resistance, as well as concerns about their environmental and health impacts. In conclusion, the document notes that the debate around GMOs centers on whether the risks outweigh the benefits.
The document discusses various topics related to the World Trade Organization (WTO). It begins with listing the names and employee codes of some individuals. It then provides several website URLs related to WTO and international trade. It lists some authors and publications on trade.
The summary continues with details about the WTO such as its founding date, location, and details about the Uruguay Round negotiations. It outlines some of the key WTO agreements covering goods, services, intellectual property and investment measures. It discusses the role and structure of the WTO secretariat. Finally, it ends with several case studies related to disputes brought to the WTO.
This document provides an overview of trade secrets for management students. It defines trade secrets as valuable commercial information that is kept confidential. To be considered a trade secret, the information must provide a competitive advantage, have potential commercial value, and reasonable steps must be taken to keep it secret. The document outlines what types of information can be considered trade secrets, how trade secrets can be lost or stolen, and recommendations for how companies can identify, protect, and manage their trade secrets.
ORIENTATION PROGRAM ON INTELLECTUAL PROPERTY FOR MANAGEMENT STUDENTS .pptmohamed abd elrazek
This document provides an overview of trade secrets for management students. It defines trade secrets as valuable commercial information that is kept confidential. To be considered a trade secret, the information must provide a competitive advantage, have potential commercial value, and reasonable steps must be taken to keep it secret. The document outlines what types of information can be considered trade secrets, how trade secrets can be lost or stolen, and recommendations for how companies can identify, protect, and manage their trade secrets.
This document provides an overview of trade secrets and how to manage them as a business strategy. It discusses that trade secrets provide competitive advantages by keeping valuable business information secret from competitors. To qualify for legal protection, information must be secret, provide economic value from being secret, and the owner must take reasonable steps to keep it confidential. The document outlines various measures companies can take to identify, protect, and enforce their trade secrets, such as developing confidentiality policies, restricting access to information, and pursuing legal action if trade secrets are stolen or misused.
This document summarizes key points about protecting trade secrets:
- Trade secrets must be secret, provide commercial value because of their secrecy, and reasonable steps must be taken to maintain secrecy.
- Proper management of trade secrets includes identifying them, educating employees, restricting access, marking documents, secure storage, and contracts with third parties.
- Choosing between trade secret and patent protection depends on factors like market life, ease of reverse engineering, likelihood of independent development, and type of subject matter. Both approaches can be complementary.
The document discusses intellectual property, focusing on trade secrets. It defines trade secrets, provides examples of information that can be considered trade secrets, and outlines best practices for establishing and protecting trade secrets, such as conducting a trade secret audit, appointing a compliance officer, using non-disclosure agreements, and monitoring compliance. Trade secrets offer perpetual protection as long as secrecy is maintained, but providing no exclusivity and being more difficult to enforce than patents.
A trade secret is a formula, pattern, physical device, idea, process, or compilation of information that provides economic value because it is not generally known and is protected through reasonable secrecy measures. Examples of trade secrets include recipes, manufacturing techniques, and computer algorithms. To protect a trade secret, companies restrict access to the information, limit who knows it, have employees sign non-disclosure agreements, and mark written material as proprietary. Trade secrets can potentially last indefinitely as long as the information remains secret, do not require registration, and provide worldwide protection without public disclosure. However, they can be lost through employee departure, independent discovery, or failure to maintain adequate secrecy.
This document discusses maximizing and protecting intellectual property. It defines intellectual property as patents, copyrights, trademarks, and trade secrets. It emphasizes the importance of intellectual property for companies and provides examples of how companies have benefited from or lost value due to their intellectual property. Finally, it discusses best practices for protecting intellectual property, such as patents, non-disclosure agreements, and employee agreements.
This document discusses maximizing and protecting intellectual property. It defines intellectual property as patents, copyrights, trademarks, and trade secrets. It emphasizes the importance of intellectual property for companies and provides examples of how intellectual property adds value. Finally, it discusses strategies for protecting intellectual property, such as patents, non-disclosure agreements, and employee contracts, as well as generating revenue from intellectual property through licensing.
Traklight Webinar with Nicole Druckrey on Trade Secrets: You Have Them! Here ...Traklight.com
Virtually all businesses have trade secrets (i.e., confidential information that would be valuable to your competitors). This presentation will assist you in identifying your trade secrets and will give you valuable advice on how to protect those secrets so that they do not lose their legal status. We will also discuss what to do if you suspect your trade secrets have been stolen.
This webinar discusses capturing and protecting a company's intellectual property. It begins with an introduction to intellectual property, including the key questions around identifying, valuing, procuring, monetizing, and enforcing IP-protected assets. The webinar then covers specific types of intellectual property like copyrights, trademarks, trade secrets and patents. It provides guidance on developing an intellectual property strategy and outlines best practices for protecting trade secrets and other intellectual property. The webinar concludes with a discussion of successfully managing a company's intellectual portfolio.
A Case For Information Protection ProgramsMichael Annis
An information protection program helps companies protect valuable business information beyond just trade secrets. It establishes expectations for employees, acts as a deterrent against theft, and provides evidence that reasonable efforts were taken to maintain secrecy. The key aspects of an effective program include confidentiality agreements, policies on information access and use, training employees, and procedures for new hires, current employees, and departing employees. Classifying data and limiting access based on need-to-know helps control information flow within a company.
The document discusses trade secrets and steps to protect them. It defines a trade secret as information that derives economic value from not being publicly known and is subject to reasonable secrecy efforts. Misappropriation includes improper acquisition, disclosure, or use of trade secrets. Penalties for misappropriation include civil damages and injunctions, as well as state and federal criminal charges. Reasonable steps to protect trade secrets involve controls over workplaces, marking confidential materials, electronic security, vigilance, employment practices like agreements, and prudent hiring and development documentation.
The document provides an overview of a data protection seminar, including:
- The agenda which covers understanding data protection law, practical tips for marketers, and a question period.
- An introduction to why data protection is important for protecting information, avoiding reputational damage, making good business sense, and avoiding enforcement actions.
- A summary of the key aspects of the Data Protection Act 1998 and Privacy and Electronic Communications Regulation 2003, including definitions, principles, and rules regarding marketing communications.
- Practical tips for marketers regarding data capture, obtaining permissions, and regaining lost permissions in compliance with regulations.
This document discusses trade secret asset management. It defines trade secrets and provides examples. It notes that trade secrets are often poorly managed within companies, lacking documentation, protection, and ownership. However, their importance is increasing due to legal changes, tax interests, cybercrime, and open innovation. Surveys find that trade secrets are often more valuable than patents for companies. The document outlines best practices for trade secret asset management including policies, access controls, and metadata. It estimates there are over 140 million trade secrets worldwide.
The document provides an overview of key areas of data protection law relevant for charities, including definitions, the data protection principles, fair and lawful processing, data security, subject's rights, direct marketing, and recent European developments. It discusses requirements around obtaining and retaining personal data, sharing data with third parties, responding to subject access requests, and obtaining consent for electronic marketing. Recent cases involving security breaches and retaining data longer than necessary are also summarized.
AZCI Commercial Reality Start Up Session Protecting And Managing Your Intel...sdgarrison
The document provides information on intellectual property protection for startup companies, including types of intellectual property like patents, trademarks, and trade secrets; developing an IP portfolio and valuation methods; and strategies for protecting trade secrets through policies, agreements, and security measures.
Managing and insuring cyber risks - Chamber of Commerce seminar 21 May 2015, ...Browne Jacobson LLP
This document provides an overview of cyber insurance policy coverage and common pitfalls. It discusses what types of events a typical cyber policy would cover, including breaches, business interruption, and third party liability claims. It also outlines costs that a policy may pay out, such as forensic investigation, legal fees, notification expenses, and ransom payments. Finally, the document cautions that policies can vary and lists some common exclusions or limitations regarding security standards, dishonest acts, suppliers/cloud providers, geographical scope, and contractual penalties.
The document discusses the importance of intellectual property for businesses. It defines intellectual property as creations of the human mind that have value but are intangible. While businesses traditionally valued physical assets more, intellectual assets are increasingly important. The four main types of intellectual property discussed are patents, trademarks, copyrights, and trade secrets. Patents protect inventions, trademarks distinguish business sources and products, copyrights protect creative works, and trade secrets protect confidential business information. The document stresses the importance of conducting intellectual property audits to identify and protect a business's intellectual assets.
Copyright protects the form of expression of ideas but not the ideas themselves. It covers original literary, artistic, dramatic, musical, and other works. The creator of a work owns the copyright unless there is a written agreement stating otherwise. Copyright gives the owner economic rights such as reproduction and distribution rights, and moral rights of attribution and integrity. Exceptions to copyright protection include ideas, names, short phrases, and works not fixed in a tangible form. Fair use and fair dealing provisions allow limited use without permission for purposes such as teaching. Copyright lasts for the life of the author plus 50 years.
What are copyright and other related rights Kamma K Babu
Copyright is a legal concept that protects original creative works. It gives the creator exclusive rights to copy, distribute, perform, display or adapt their work. Copyright covers literary works, films, music, art, photographs and software. The duration of copyright is typically the creator's lifetime plus 50-70 years. While ideas cannot be copyrighted, the expression or manifestation of ideas in a tangible form is protected.
A trademark is a sign used to distinguish goods and services of one enterprise from another. It can be words, logos, shapes, colors, or combinations. Trademarks help companies differentiate themselves, build brand image and loyalty, and enhance goodwill. Registering a trademark provides exclusive rights and prevents others from using identical or similar marks. When selecting a trademark, companies should check for conflicting prior rights and ensure the mark is distinctive, memorable, and does not have undesirable meanings. Trademarks are a valuable business asset and their registration facilitates international protection.
The document discusses the legislative framework for intellectual property administration in India. It covers the main Acts and rules governing patents, designs, trademarks, geographical indications, and copyright. It describes the agencies responsible for administering these areas. It also provides details on the patent law framework, including eligibility criteria, exclusions from patentability, and safeguards in the law.
This document discusses intellectual property rights and innovation management. It provides information on patents, trademarks, and other intellectual property topics. Some key points:
- Patents provide exclusivity for inventions and allow companies to profit from new products and technologies through licensing revenues or preventing copying.
- Factors like functional advantages, design, branding, and availability influence the success of new products in the market. Intellectual property rights like patents, trademarks, and designs can protect these features and maintain a company's exclusivity.
- Strategies for acquiring and exploiting patents include deciding what and when to patent, where to file, and whether to pursue own exploitation, licensing, or a combination. Patent information itself is publicly available and
The document discusses various intellectual property issues related to websites. It outlines what elements of a website can be protected by different types of IP rights like patents, copyright, trademarks, etc. It provides tips on how to protect a website through registration, notices, and agreements. It also covers ownership of IP rights in a website created by employees or contractors. Potential liability for third-party content on the site and legal issues around linking, framing and user-generated content are addressed.
The document discusses intellectual property (IP), which refers to creations of the human mind such as inventions, literary and artistic works, designs, symbols, names, and images. IP is intangible property that arises from human intellectual effort. Some key types of IP discussed include patents, which protect inventions; trademarks, which protect signs used to distinguish goods/services; industrial designs, which protect aesthetic designs; and copyright, which protects literary and artistic works. The document also notes that a single product can be protected by multiple IP rights that restrict how the design, brand name, software, and other elements can be used by others.
This document discusses domain name disputes and the Uniform Domain Resolution Policy (UDRP). It defines what a domain name is and notes that they have become business identifiers and trademarks. It explains that disputes often arise from cybersquatting, where third parties register trademarks as domain names preemptively. The UDRP allows complainants to file cases with resolution service providers, specifying the domain name in question, respondent, registrar, and grounds for complaint. Panelists make decisions based on whether the domain is identical to a trademark, if the respondent has rights to the name, and if it was registered and used in bad faith. It provides examples of disputes in India over domain names like Rediff.in, Orkut.
Industrial design refers to the application of design principles to products manufactured through industrial processes. It considers how the shape, configuration, pattern, and colors of a product can be applied to appeal visually to consumers. Industrial design signifies applying an original design idea to a three-dimensional, mass-produced article. Registration of industrial designs provides exclusive rights over the applied design and protection from copying for an initial 10-year term.
This document provides an overview of geographical indications and their protection at national and international levels. It defines geographical indications as indications that identify goods originating from a specific geographical region and possessing qualities due to that origin. Examples of registered Indian GIs are provided. The document outlines the benefits of GI registration in India, eligibility criteria, rights of registered proprietors and authorized users. It then discusses protection of GIs through national legislation, registration systems, bilateral agreements, and international treaties and organizations like WIPO and TRIPS.
Nike sued Adidas for patent infringement over Adidas' use of cushioning technology in its shoes that was similar to Nike's patented Shox technology. Nike had invested heavily in developing Shox and held 19 patents protecting it. Despite these patents, Adidas manufactured and sold shoes using a refashioned version of the Shox technology, called the a3 cushioning system. The court found that Adidas had infringed on Nike's patents by using its patented cushioning technology without permission.
4. DefinitionDefinition::
What are trade secrets?What are trade secrets?
any confidential
information
which provides an
enterprise with a
competitive edge
can qualify as a trade secret
→ entitled to legal protection
5. Typically, a company will have
confidential information ...
• Which may be
protected by other
types of IP
– application for
protection foreseen
in the near future
– no application
foreseen
• Which doesn’t
qualify for
protection under
other types of IP
6. A trade secret can relate to
different types of information
T e c h n ic a l a n d S c ie n tific In fo r m a tio n
F in a n c ia l In fo r m a tio n
C o m m e r c ia l In fo r m a tio n
N e g a tiv e In fo r m a tio n
in s o m e la w s
Trade Secret
7. • Technical and scientific information:
– product information
• technical composition of a product: medicine, paint,
beverage
• technical data about product performance
• product design information
– manufacture information
• manufacturing methods and processes (weaving technique,
device process)
• production costs, refinery processes, raw materials
• specialized machinery
– know-how necessary to perform a particular
operation
8. • Technical and scientific info (contd.):
– designs, drawings, patterns, motifs
– test data, laboratory notebooks
– computer codes
9. • Commercial information:
– customer list
– business plan
– marketing strategy
– supplier arrangements
– customer buying preferences and
requirements
– consumer profiles
– sales methods
10. • Financial information:
– internal cost structure
– pricing information
– salary and compensation plans
– price lists
11. • Negative information:
– details of failed efforts to remedy
problems in the manufacture of certain
products
– dead-ends in research
– unsuccessful attempts to interest
customers in purchasing a product
13. • Three essential legal requirements:
1. The information must be secret
2. It must have commercial value because
it’s secret
3. Owner must have taken reasonable steps
to keep it secret
14. 1. The information must be secret
• “not generally known among or readily accessible
to persons within the circles that normally deal
with this kind of information”
• price list on your website is no trade secret
• wheel technique for pottery is no trade secret
• no absolute requirement → NDA/CA
– e.g. based on supplier relationship, joint development
agreement, due diligence investigation, etc.
15. 2. It must have commercial value because
it’s secret
• confers some economic benefit to the holder
• this benefit must derive specifically from the fact
that it is not generally known, not just from the
value of the information itself
• actual or potential
• not easy to know exact value of trade secret
because it is a secret
16. 3. Owner must have taken reasonable
steps to keep it secret
• under most trade secret regimes, a TS is not
deemed to exist unless its holder takes
reasonable steps to maintain its secrecy
• ‘reasonable’ → case by case
• importance of proper TS management program
17. Legal rightsLegal rights::
What kind of protection doWhat kind of protection do
you have under the law?you have under the law?
18. • Only protection against improperly
acquiring, disclosing or using:
– people who are automatically bound by duty of
confidentiality (incl. employees)
– people who have signed non-disclosure
agreement
– people who acquire a trade secret through
improper means (such as theft, industrial
espionage, bribery)
Legal rightsLegal rights::
19. • Some people cannot be stopped
from using information under
trade secret law:
– people who discover the secret
independently, without using
illegal means or violating
agreements or state law
– people who discover through
reverse engineering
21. Example no. 1Example no. 1
• Decades ago, Coca-Cola decided to
keep its soft drink formula a secret
• The formula is only know to a few
people within the company
• Kept in the vault of a bank in Atlanta
• Those who know the secret formula
have signed non-disclosure
agreements
• It is rumored that they are not allowed
to travel together
• If it had patented its formula, the whole
world would be making Coca-Cola
22. Example no. 2Example no. 2
• Patent for stud and tube
coupling system (the way
bricks hold together)
• But: Today the patents
have long expired and the
company tries hard to keep
out competitors by using
designs, trademarks and
copyright
23.
24. Enforcement:Enforcement:
What can you do if someoneWhat can you do if someone
steals or improperlysteals or improperly
discloses your trade secret?discloses your trade secret?
25. Trade secret protection may be based on...
– Contract law
• when there is an agreement to protect the TS
– NDA/CA
– anti-reverse engineering clause (enforceability debated)
• where a confidential relationship exists
– attorney, employee
– Principle of tort / unfair competition
• misappropriation by competitors who have no
contractual relationship
– theft, espionage, subversion of employees
26. –Criminal laws
• e.g. for an employee to steal trade secrets from a
company
• theft, electronic espionage, invasion of privacy, etc.
• circumvention of technical protection systems
–Specific trade secret laws
• US: Uniform Trade Secrets Act; Economic
Espionage Act
27. Remedies
1. Order to stop the misusing
2. Monetary damages
• actual damages caused as a result of the misuse (lost profits)
• amount by which defendant unjustly benefited from the
misappropriation (unjust enrichment)
3. Seizure order
• can be obtained in civil actions to search the defendant's
premises in order to obtain the evidence to establish the theft of
trade secrets at trial
4. Precautionary impoundment
• of the articles that include misused trade secrets, or the products
that resulted of misusing
28. To establish violation, the owner
must be able to show :
– infringement provides competitive
advantage
– reasonable steps to maintain secret
– information obtained, used or disclosed
in violation of the honest commercial
practices (misuse)
29. PART 2PART 2
BUSINESS STRATEGIESBUSINESS STRATEGIES
TO HANDLE & PROTECTTO HANDLE & PROTECT
TRADE SECRETSTRADE SECRETS
30. Loss of trade secrets -Loss of trade secrets -
a growing problema growing problem (1)(1)
• Why is this occurring?
– way we do business today (increased use of
contractors, temporary workers, out-sourcing)
– declining employee loyalty, more job changes
– organized crime : discovered the money to be
made in stealing high tech IP
– storage facilities (CD-ROM, floppies, etc)
– expanding use of wireless technology
31. Loss of trade secrets -Loss of trade secrets -
a growing problema growing problem (2)(2)
• Examples of outside threats
– burglaries by professional criminals
targeting specific technology
– attempted network attacks (hacks)
– laptop computer theft: source code,
product designs, marketing plans,
customer lists
– inducing employees to reveal TS (Apple case)
– corporate spies
32. Loss of trade secrets -Loss of trade secrets -
a growing problema growing problem (3)(3)
• Examples of inside threats
– 80% of information crimes <
employees, contractors, trusted
insiders!
– malicious destruction/erasure of R&D
data by avenging employee
– theft by former employee of business
plans
– ignorance
33. What can be done?What can be done?
↓↓
9 basic protection strategies9 basic protection strategies
34. 1. Identify trade secrets1. Identify trade secrets
Considerations in determining
whether information is a trade
secret:
– Is it known outside the company?
– Is it widely known by employees and
others involved within the company?
– Have measures been taken to guard its
secrecy?
35. – What is the value of the information for
your company?
– What is the potential value for your
competitors?
– How much effort/money spent in collecting
or developing it?
– How difficult would it be for others to
acquire, collect of duplicate it?
36. 2. Develop a protection policy2. Develop a protection policy
Advantages of a written policy:
– Clarity (how to identify and protect)
– How to reveal (in-house or to outsiders)
– Demonstrates commitment to protection
→ important in litigation
37. – Educate and train:
• Copy of policy, intranet, periodic training & audit, etc.
Make known that disclosure of a TS may result in
termination and/or legal action
• Clear communication and repetition
– TS protection must be part of the enterprise
culture
• Transform every employee into a potential security
officer
• Every employee must contribute to maintain the
security environment (e.g. anonymous security hotline)
– Monitor compliance, prosecute violators
38. 4.4. Restrict accessRestrict access
to only those persons having
a
need to know
the information
→ computer system should limit each
employee’s access to data actually
utilized or needed for a transaction
39. 5. Mark documents5. Mark documents
–Help employees recognize
trade secrets → prevents
inadvertent disclosure
–Uniform system of marking
documents
• paper based
• electronic (e.g. ‘confidential’ button
on standard email screen)
40. 3. Educate employees3. Educate employees
– Prevent inadvertent disclosure
(ignorance)
– Employment contract :
• Brief on protection expectations early
• NDA/CA/NCA
• obligations towards former employer!
– Departing employees :
• exit interview, letter to new employer, treat
fairly & compensate reasonably for patent
work, further limit access to data
41. 6. Physically isolate and protect6. Physically isolate and protect
– Separate locked depository
– Authorization
– Access control
• log of access: person, document reviewed
• biometric palm readers
– Surveillance of depository/company
premises
• guards, surveillance cameras
– Shredding
– Oversight; audit trail
42. 7. Maintain computer secrecy7. Maintain computer secrecy
– Secure online transactions, intranet,
website
– Authorization (password); access control
– Mark confidential or secret (legend pop,
or before and after sensitive information)
– Physically isolate and lock: computer
tapes, discs, other storage media
– No external drives and USB ports
– Monitor remote access to servers
– Firewalls; anti-virus software; encryption
43. 8. Restrict public access to8. Restrict public access to
facilitiesfacilities
– Log and visitor’s pass
– Accompany visitor
– Sometimes NDA/CA
– Visible to anyone walking through a
company’s premises
• type of machinery, layout, physical handling of work in
progress, etc
– Overheard conversations
– Documents left in plain view
– Unattended waste baskets
44. 9. Third parties9. Third parties
– Sharing for exploitation
– Consultants, financial advisors, computer
programmers, website host, designers,
subcontractors, joint ventures, etc.
– Confidentiality agreement, non-
disclosure agreement
– Limit access on need-to-know basis
45. PART 3PART 3
PROTECTING INVENTIONS:PROTECTING INVENTIONS:
TRADE SECRETSTRADE SECRETS
OR PATENTS?OR PATENTS?
49. n o re g is tra tio n c o s ts
b u t: c o s ts to k e e p s e c re t
c a n la s t lo n g e r
- b u t: lim ite d to e c o n o m ic life
- u n ce rta in life s p a n : le a k o u t is irre m e d ia b le
n o d is c lo s u re
- b u t: p ra c tic a l n e e d to d isc lo se
- if le a k o u t: T S lo st
T ra d e S e c re ts
fe e s
re g istra tio n + m a in te n a n ce
lim ite d in tim e
- g e n e ra lly: m a x 2 0 y
- b u t: c a n b e in v a lid e d
d is c lo s u re
- p u b lic a tio n 1 8 m a fte r filin g
- if P n o t a llo w e d : n o T S
P a te n ts
50. L a rg e s u b je c t m a tte r
P ro te c tio n o f v irtu a lly a n y th in g
m a in ta in e d in s e c re t b y a b u s in e s s
th a t g iv e s c o m p e titiv e a d v a n ta g e
O n ly p ro te c tio n a g a in s t
im p ro p e r a c q u ire m e n t/u s e
M o re d iffic u lt to e n fo rc e
- s o m e c o u n trie s : n o la w s
- a b ility to s a fe g u a rd T S d u rin g litig a tio n
T ra d e S e c re ts
S u b je c t m a tte r lim ite d :
- R e q u ire m e n ts : n e w , n o n o b v io u s , u s e fu l
- S c o p e : p a te n t c la im
E x c lu s iv e rig h ts
m o n o p o ly to e x p lo it
th e in v e n tio n
" P o w e r to o l"
P a te n ts
52. 1. Market life of the subject matter1. Market life of the subject matter
Some products have commercial life of only a
few months
Patent typically takes 25m to be issued →
Patent protection may not exist until after
market life of the product has expired
↔ TS allows immediate commercial use
53. 2. Difficulty of maintaining the2. Difficulty of maintaining the
subject matter secretsubject matter secret
– Time, willingness and funds to:
• develop internal policies
• implement protection program
• initiate immediate legal action to protect trade secrets from
disclosure (preliminary injunction)
– Risk of disclosure ∼ number of persons needing
access to the TS
• employees
• need for investors
• external contractors
54. 3. Likelihood of subject matter3. Likelihood of subject matter
being reverse engineeredbeing reverse engineered
• Easy to control RE?
– Products widely sold to consumers → difficult to prevent RE
→ P
– Products sold to limited number of persons → control, e.g.
license agreement which forbids RE and requires licensee to
maintain the technology secret → TS
• Difficult/expensive to do RE?
– Secret ∼ manufacturing method or formula → difficult → TS
– Secret embodied in product → easy (e.g. cleaning fluid) → P
55. 4. Likelihood of subject matter4. Likelihood of subject matter
being independently developedbeing independently developed
• Complexity of invention
• Number of competitors working in the field
• Potential payoff for achieving market
success
– e.g. drug that cures cancer
• Alternative option: defensive publication
56. 5. Type of subject matter5. Type of subject matter
– New basic technology
• “pioneer patent”
• many licensees: allows to set low licensing fees →
competitors have no incentive to risk patent litigation
– Minor improvement in well-developed field
• P will be narrowly construed
• easy to invent around
• or: competitors likely to use preexisting technology
– Protectable in all countries?
• in some countries not patentable?
• too costly to protect in all countries?
57. ConclusionConclusion
• The choice between trade secret and
patent protection for an invention is
irrevocable
• Therefore: carefully consider all relevant
advantages and disadvantages from
each choice both from legal and
business viewpoint
58. ConclusionConclusion
• Patent and trade secrets are often
complementary to each other:
– Patent applicants generally keep inventions secret until the
patent application is published by the patent office.
– A lot of valuable know-how on how to exploit a patented
invention successfully is often kept as a trade secret.
– Some businesses disclose their trade secret to ensure that
no one else is able to patent it (defensive publication).
59. Remember...Remember...
TS: No registration, but 3 requirements
for legal protection
No need for absolute secrecy, but
‘reasonable measures’
Developing and maintaining TS program
< good business practice to prevent
< legal requirement to enforce TS protection
60. Only legal protection against dishonest
acquisition/disclosure/use
Consider alternative protection
Neg info has also comm value (guide to competitor to what not to do, providing him with a no-cost head-start).
Neg info has also comm value (guide to competitor to what not to do, providing him with a no-cost head-start).
Secret: once divulged, no protection. Comm value: info that boss had affair with secretary is no TS. Neg info has also comm value (guide to competitor to what not to do, providing him with a no-cost head-start). Reasonable steps: see part 3.
Secret: once divulged, no protection. Comm value: info that boss had affair with secretary is no TS. Neg info has also comm value (guide to competitor to what not to do, providing him with a no-cost head-start). Reasonable steps: see part 3.
Secret: once divulged, no protection. Comm value: info that boss had affair with secretary is no TS. Neg info has also comm value (guide to competitor to what not to do, providing him with a no-cost head-start). Reasonable steps: see part 3.
Secret: once divulged, no protection. Comm value: info that boss had affair with secretary is no TS. Neg info has also comm value (guide to competitor to what not to do, providing him with a no-cost head-start). Reasonable steps: see part 3.
Bound: e.g. Lawyers
NDA: e.g. independant contractor develops design
Independent: list of customers
Reverse engineering: Ex: drug; inkjet pen; ring-pull can in these situation better protection by other IP, e.g. P or UM.
Invention new drug - someone else comes up with same invention and patents it …
Invention new drug - you sell drug on the market (no patent) - someone reverse engineers
Reverse engineering would have been easy
Independent: list of customers
Reverse engineering: Ex: drug; inkjet pen; ring-pull can in these situation better protection by other IP, e.g. P or UM.
Survey 2000 PWC. USA: Fortune 1000 companies suffer US$ 45billion per year lost business information. Problem accelerating last years.
Headhunter: refer to example Lien
Example: distribution methods
Example: distribution methods
Part of enterprise culture: should be almost brainstormed
Security hotline: employees can denounce
The less people know about the TS, the smaller the risk is that is can be divulged or violated