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Protection of Trade Protection of Trade

Protection of Trade - PowerPoint Presentation

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Uploaded On 2016-06-17

Protection of Trade - PPT Presentation

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

protection trade secrets secret trade protection secret secrets information commercial contract methods issues part risks employment manufacturing processes confidential

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Presentation Transcript

Slide1

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