First Publication Date: 21st December 2009
Trade Secret in India is not protected under any specific law but Indian Courts from time to time have recognized that confidential business information, such as customer lists, details of suppliers, pricing policies, product launch time-schedules, management marketing, know-how, designs, drawings, model, specifications, surface data, notes, improvements, technical information and so on may qualify as trade secrets.
The jurisprudence that has developed in relation to trade secrets and confidential information is by way…
First Publication Date: 4th February 2008
What is a trade secret?
Trade secret is any information that has independent economic value because of not being known to others and for which reasonable measures have been taken to protect it as a secret. A secret is a trade secret only if it has legal sanctity. Terms like 'confidential information', 'proprietary information', 'undisclosed information' and trade secret have the same meaning from legal perspective.
What is a reasonable measure?
A measure to protect secrecy…
We live in a complex web of social relationships, which are influenced by several factors that are alien to any other country. The extent to which one wishes to be left alone depends on the nature of relationships in the web, which are sometimes more divergent than one can imagine. The privacy world of an individual in her relational web is multi-dimensional, dynamic and contextual, and suffers from predictability ambiguities. The challenge of defining the nature, scope, and extent of…
"Data has the ability to make or break a company." - Dr. Kalyan C. Kankanala
In today's information age, Data has emerged as a very important business tool. Among other factors, success of businesses is dependent on possession, management, processing and analysis of data. The relevance of data in business has increased so significantly during the last decade that one report estimates a short supply of close to two hundred thousand (2,00,000) data professionals by the end of 2018 in the…
The following presentation titled "Trade Secrets and Information Security" was delivered at CISCO, Bangalore by Dr. Kalyan C. Kankanala, Chief IP Attorney at BananaIP Counsels.
The presentation covers the following topics:
Trade Secret
Reasonable Measures
Secret Information
NDAs and Confidentiality Clauses
Access Controls, etc.
Misappropriation
Defenses
Example case for trade secret misappropriation
Social Media and Information Security
Recent Cases involving trade secrets and information security
ZeniMax v. Oculus
Dalmatia v. FoodMatch…
Louis Vuitton is one of the world’s largest fashion brands whose trademark LV is famous across the globe. In a recent event, the fashion brand filed a case against “Louis Vuitton Dak” – a South Korean Fried Chicken Restaurant for trademark infringement on the grounds of confusing similarity in the trademarks.
According to the Korean Times - the logo of the chicken restaurant bears a close resemblance to that of original luxury brand - Louis Vuitton’s logo. In September 2015…
In a recent judgment, a US Federal Court at Wisconsin held TCS liable for trade secret misappropriation along with other counts, and granted damages to the tune of 940 million dollars, the highest in a trade secret case. TCS has stated that it would appeal the decision, and the value of damages is expected to be reduced substantially.
In 2014, Epic Systems sued TCS in the Wisconsin Court for trade secret misappropriation, breach of contract, unfair trade practice, and unjust…
The following presentation was delivered by Dr. Kalyan C. Kankanala, Managing Partner BananaIP Counsels, at the Woxsen School of Business, Hyderabad. The presentation is titled "Trade Secrets and Business Value" and covers the following topics:
Overview of Trade Secrets
What a Trade Secret means
Misappropriation
Defenses
Examples
Patents Vs. Trade Secrets
About Dr. Kalyan Kankanala
Dr. Kalyan C. Kankanala manages the largest new age Intellectual Property Firm, BananaIP Counsels, headquartered at Bangalore, India. In…
The US Court of Appeals for the Federal Circuit recently passed a decision against an order of the United States International Trade Commission (ITC) which sought to block the import of digital data that violated patents. The decision was passed on 10th November this year, in the case of ClearCorrect Operating, LLC, ClearCorrect Pakistan (Private), Ltd., v. International Trade Commission and Align Technology, Inc.
Align Technology is a multinational medical device company based out of San Jose, California. Align Technology…
This post briefs three copyright cases that provide insights into copyright issues with respect to content posted on Social Media platforms.
Scrabble v. Scrabulous
In 2008, two Indians Rajat and Jayant Agarwalla, launched a Facebook App called 'Scrabulous.' It was a word game similar to Scrabble. Initially Mattel, and later Hasbrow, right holders of the Scrabble game sued the Agarwalla brothers for both copyright and trade mark infringement at the Delhi High Court.
After reviewing the facts, the Delhi High…