trade secrets and biotechnology
DESCRIPTION
Presentation on Trade Secrets and Biotechnology by Dr. Kalyan C. Kankanala, Brain League IP Services.TRANSCRIPT
Trade Secrets Trade Secrets and and
BiotechnologyBiotechnology
By
Dr. Kalyan C. Kankanala
Brain league IP Services
© 2009 Brain League IP Services Pvt. Ltd.
CoCa Cola
I'd like to teach the world to sing In perfect harmony. I'd like to buy the world a Coke And keep it company.
Importance
Henry Perritt “Trade secrets are the oldest form of intellectual property protection”
Mark halligan- trade Secrets are the IP of the New Millenium and can no longer be treated as a stepchild.
Overview
Historical Development Rationale Terms Real vs. Trade Secrets Differences
US Law
Civil and Criminal
UTSA EEA
UTSA : Trade Secret
Elements
Independent economic value Generally known or readily ascertainable Proper means Persons Reasonable Efforts
UTSA : Trade Secret
Reasonable efforts
Express duty of non disclosure via Employment agreements Non-disclosure agreements Entrance and Exit interviews Restricted access Marking Security system and policy
Misappropriation
Conduct which results in obtaining trade secret information by improper means constitutes misappropriation.
‘Imrproper means’ Criminal Conduct Breach of Contract Tortious liability
Defenses
Legal Equitable
Remedies
Injunction Damages Attorney fees Prejudgment interest
EEA: TS Definition
Meaning
Independent economic value Not ascertainable through proper means Reasonable measures
Enforceability measures Protective orders
EEA
Section 1831- Entities and Individuals –foreign governments
Section 1832 - All entities and Individuals
EEA
Intended Coversion Injury to Owner Interstate or Foreign Commerce
Case 1
Salsbury
Met with higher ups before joining
Worked on the same project
Took valuable documents
Wrote an article criticizing the project
Case 2
Pioneer v. Holden
Seen around farms Managed to hire a key person Acquired data related to breeding
Case 3
Dr. Toddy and Ms. Angel Kaurav Software Solutions
Handed over docs when husband not at home
Indian Law
Trade Secrets
Contract Trust Relation of Confidence Equity
Non Compete/Non disclosure
Patents Vs. Trade Secrets
Karl F. Jorda - Patent Is the tip of the iceberg in the ocean of trade secrets
Prof. Donald Chisum- “Trade secret-patent coexistence is well established, and the two are in harmony because they serve different economic and ethical functions.”
James Pooley- Forget patents, trademarks and copyrights....trade secrets could be your company's most important and valuable assets.
Patent v. Trade Secret
Three areas of conflict
Patentable Partially patentable Not patentable
Factors
Patent and Padlock
Overprotect Exploit the overlap Build a wall Lay a mine field Fall back position
Patent and Padlock or perish
Thank you