Secrets current issues WIPOUKRAINE SUMMER SCHOOL ON INTELLECTUAL PROPERTY JULY 2011 Outline What are trade secrets Trade secret protection Benefits Risks Some issues What are trade secrets ID: 365338
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Protection of Trade Secrets; current issues
WIPO-UKRAINE SUMMER SCHOOL ON INTELLECTUAL PROPERTY – JULY 2011Slide2
OutlineWhat are trade secrets?Trade secret protectionBenefits
RisksSome issuesSlide3
What are trade secrets?Confidential business information giving a competitive edgeManufacturing
CommercialSales methodsDistribution methodsConsumer profilesAdvertising strategies
Supplier and customer informationManufacturing processesSlide4
Trade secret protection - 1Not a registered protectionArticle 39 of TRIPS - natural and legal persons shall have
possibility of preventing information being disclosed to others without their consent in a manner contrary to honest commercial practiceHas to be secret – not generally known in circles which normally deal with such informationHas commercial value because it is secret
Reasonable steps have been taken to keep it secret Governments have obligation to treat data submitted to them as confidentialSlide5
Trade secret protection – 2Confidentiality agreementsPart of employment contract
Part of franchise agreementPart of B2B contractInformal confidentialityOther laws relating to theft, bribery, industrial espionage
RemediesCivil for breach of contractCriminal for theft, trespass etcSlide6
Trade secret protection – 3United States Economic Espionage Act of 1996Coverage
All forms of scientific, technical, economic, engineeringE.g. Patterns, plans, compilations, programmed devices, formulas, designs, prototypes, methods or techniques, processes, procedures, programs or codesTangible or intangible
Stored in any fashion such as physically, electronically, graphically, photographically, writingSlide7
Benefits of trade secretsNo registration procedureNo disclosure
Immediate effectWider scopeNo time limitsSlide8
Risks of trade secretsEnforcement my be difficult and costlyNo protection against independent discovery or reverse engineering
Including 3rd party patent protectionNo exclusivity once made publicSlide9
Some issuesHow effective in global economyContractors, consultants, outsourcingDifferent countries have different laws
Is harmonisation possible?Capacity of SMEs to build secrecy regimesPost-employment situation