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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. According to the World Intellectual Property Organization (WIPO) , “trade secrets are intellectual property rights on confidential information which may be sold or licensed.”

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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. Generally, any confidential piece of business info that provides a competitive edge to a company or firm and isn’t known to others may be safeguarded as a trade secret.

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The unbearable lightness of trade secrets and public tenders

The IPKat

Not for the first time in connection with a public procurement tender, an unsuccessful bidder then files with the contracting authority a request for examination of the documentation submitted by the successful bidder, this to evaluate the propriety of the award process, with an eye towards possibly challenging it through legal proceedings.

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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. Whereas, trade secrets are those which last indefinitely unless otherwise stated.

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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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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.

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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. ,