By Sandeep Hegde M. sandeep@brainleague.com www.sinapseblog.com www.onlineipcourses.com www.ipracademy.

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Introduction
Present in most Business Competitive Advantage Most well guarded trade secrets

What are Trade Secrets?

Any information- formula, pattern, compilation, program, device, method etc. Should have these Attributes
1. Independent economic value 2. Not generally known 3. Not readily ascertainable 4. Reasonable efforts to maintain secrecy

Reasonable Measures to Maintain Secrecy

Agreements Confidentiality Notices Physical Security Information Security

Essential Features
Must possess commercial advantage Holder must take reasonable measures No registration required Term- as long as the secrecy is maintained Ideas that are not patentable can protected as trade secrets

Misappropriation
Acquisition by Improper Means Use of others trade secret without consent Derived from a person who has acquired by Improper means Derived from a person having duty to maintain secrecy Accident or Mistake

Exceptions
Discovery by fair and honest means Independent Invention Lawful acquisition of information Reverse Engineering

Example
Dosaram is the owner of a chain of eateries in Bangalore famous for its unique masala dosa. The reason for its unique taste is Dosarams secret masala which is known only to him and his two sons. Dosaram and his two sons personally visit every outlet and deliver the masala they make at home. Is this a trade secret?

Example
Dosarams cook accidentally comes to know about the secret ingredient when Dosaram is talking to his sons. He quits his job and joins a competitors restaurant and starts preparing the unique masala dosa. Is this misappropriation?

Remedies
Injunction Damages Profits Reasonable Royalties Criminal Action

Cases
Mattel v. MGA- Bratz dolls case Delmontes case

Thank you
www.onlineipcourses.com www.sinapseblog.com www.ipracademy.com sandeep@brainleague.com