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JIPR Vol.11(3) [May 2006] >

Title: Protection of Intellectual Property in the Form of Trade Secrets
Authors: Roy, Abhik Guha
Keywords: Trade secret
intellectual property
inevitable disclosure doctrine
Issue Date: May-2006
Publisher: CSIR
Abstract: 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.
Page(s): 192-200
ISSN: 0971-7544
Source:JIPR Vol.11(3) [May 2006]

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