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Trade Secrets Protection in India – A Legal Vacuum and the Imperative for Robust Legislation

IP and Legal Filings

In such cases there are some factors that essentially set the company apart, such factor has to be kept confidential and requires protection. There is no definite definition of trade secrets, it includes extensive range of information of commercial and technical nature. What is a Trade Secret?

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Trade Secrets in Intellectual Property Rights (IPRs)

Kashishipr

In simple terms, trade secrets are Intellectual Property Rights (IPRs) granted on confidential or sensitive info, which may be licensed or sold. Information Protected by a Trade Secret . A trade secret gives a competitive edge to brands and businesses over their rivals in the industry.

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The unbearable lightness of trade secrets and public tenders

The IPKat

In this case, the nuance is expressed in the context of the balance between the ‘right of information’ of the participants to a public tender and the possible presence of ‘trade secrets’ in the bidding documentation. Based on this, the request for access to the documentation was denied by the contracting authority.

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Patent and Trade Secret: Never Ending Conundrum

IP and Legal Filings

Patents are there for 20 years where after the expiry they end up being in the public domain. The protection by the trade secrets is generally for those who are not in the domain of other IPs. There is no need for disclosing any information which for trade secret is not necessary.

Patent 76
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A Cautionary Tale on Including an Expiration Date in NDAs

LexBlog IP

further stresses the importance of carefully crafting the terms and conditions in a non-disclosure agreement (“NDA”), and ensuring there is no ambiguity as to when the NDA’s confidentiality protections expire. Emerson Electric Co. The Inclusion of Expiration Dates in NDAs.

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Rochem v. Nirtech – Analysing the Claim of Breach of Confidential Information

SpicyIP

Image accessed from here While there are many factors which result in the success of business organizations, their ability to use sensitive procedures and advanced technology, thereby protecting their confidential information, can be another crucial aspect of remaining competitive in the market. Nirtech Private Limited & Ors. ,

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Bombay HC Clarifies the Contours of Copyright Infringement and Confidentiality Law

SpicyIP

Image of folder tag with text “confidential” Image from here. Saregama India Ltd & Anr deliberated upon the intersection of copyright infringement and confidentiality law and held that ideas cannot be copyrighted but can be protected through the application of confidentiality law. Background.