Beruflich Dokumente
Kultur Dokumente
By,
Ms Vintee Mishra
Brain League IP Services
Meaning
Acquisition of Information
Confidentiality Agreements
Business strategies
Enforcement
Meaning
Basics:
Technical = Scientific
Principles:
1.Information
Readily Unascertainable
Unknown by Proper Means
Generally Known
Matters of common knowledge, library, public database,
journals, patent information, hardware designs and
software applications available in market
2. Independent Economic
Value
3. Reasonable Efforts
Pricing Information,
Customer Lists,
Business methods,
Strategic plans,
Marketing plan
Work product
Ideas,
Design,
Drawing,
Model,
Specification,
Surface data,
Notes,
Improvements.
Acquisition of
Information
Proper Means
Reverse Engineering
Independent Creation
Public Literature
Observance
License
Misappropriation
Conduct which results in obtaining Trade secret
Information by Improper Means
Improper Means
Theft
Bribery
Espionage
Misrepresentation
Breach of Contract
Network attacks
Protection of Trade
Secret
Identification of Information as Trade Secret
Determinants:
Measures Taken
Precautions:
Important Provisions
Define Confidential Information – Scope
Clarify Exclusions
Definite Obligations
Time Limit
Jurisdiction
Business Strategies
1. Patents and Trade Secrets
Registration Yes No
Availability Time Consuming Immediate
3. Licensing
Contracts
Confidential arrangements between parties through
Non Disclosure Agreements and other Confidential
Agreements
Specific Relief
Claim specific performance or damages
Torts
Misappropriation, Theft, Espionage, Unfair
Competition
Criminal Laws
Indian Penal Code, Code of Criminal Procedure
1. Mundipharma v Wockhardt
Dispute Arose
Alphamed’s business
Arriva stole Alphamed’s Confidential documents
and
other Trade Secrets by appointing secret
detectives and used them for their business
advantage
Alphamed couldn’t provide actual or potential
damages
Injunction
Damages
Precautionary Impoundment
Thank You