Record Details

Protection of Intellectual Property in the Form of Trade Secrets

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Field Value
 
Title Protection of Intellectual Property in the Form of Trade Secrets
 
Creator Roy, Abhik Guha
 
Subject Trade secret
intellectual property
inevitable disclosure doctrine
 
Description 192-200
The onset of globalization has lead to a surge in intellectual activity and thereby initiated a need for better methods on intellectual property (IP) protection. One of the forms of IP that will soon overpower other recognized forms of IP protection is ‘trade secrets’. The greatest advantage of this form of IP is that the protection provided is perpetual, thus gone are the days of limited monopoly. This new wave of protection is based on an element of trust of confidants who would maintain secrecy. But this system comes to a standstill when there is a breach of trust or confidence by confidants entrusted with such secrets or in case of companies when trusted employees are no longer in the service of the organization owning the trade secrets. This paper looks at the possible remedies that a trade secret owner who is also the employer, can get on such breach of trust or confidence. After identifying the models used by courts of developed countries, the author attempts to formulate a possible model that can be followed by Indian courts in counteracting this legal hurdle.
 
Date 2009-03-31T04:22:47Z
2009-03-31T04:22:47Z
2006-05
 
Type Article
 
Identifier 0971-7544
http://hdl.handle.net/123456789/3577
 
Language en_US
 
Publisher CSIR
 
Source JIPR Vol.11(3) [May 2006]