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Let’s keep that a secret, shall we?

Trade secrets have been in practice since long and are very different from patents. While patents require you to disclose your information in the application process that eventually becomes public, trade secrets allow you to actively keep the information secret. The protection from patents is limited (20 years) and demands a considerable budget to maintain the patent. However, after 20 years the invention is open to public use. Trade secret protection can potentially last longer, as long as you are able…

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Social Media x

Social Media and Intellectual Property (IP): Part I- Protection and Ownership

Social Media comes with a bundle of tools that differentiate it from traditional print and electronic media. Among others, two unique elements of Social Media are: Tools for sharing and dissemination of content and information across the world; and tools to communicate and exchange information. These two elements make Social Media a much more powerful weapon than traditional media. Access to most social media platforms requires internet, of which there is no dearth in today's context. It is estimated that…

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IP, Patents for Start-ups and Entrepreneurs III – Patents -

IP, Patents for Start-ups and Entrepreneurs IV – Trade Secrets and Confidential Information

Confidential Information is any information that has business or economic value because it is not known to others, and for which, appropriate measures are taken to protect secrecy. It can be any sort of information that fits into the said requirements. Business information, financial information, technical information, scientific information, plans, methods, client lists, designs, and any other such information that has economic value is protectable as confidential information, or trade secret. Protection of trade secrets and confidential information of a…

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Burger King v. McDonalds

Burger King and McDonald’s: Can Taste be Patented?

Here is the next post in the series of Student Blog Contest. This post is authored by Neerja Gurnani. I recently went to the Burger King outlet that has been causing immense amounts of hype in Indian teenagers, stood in queue, got a burger, and eagerly bit into it, expecting my mind to be blown. Instead, I was greeted with a very familiar taste – that of a McDonald’s burger. This led me to ask, can taste be patented? Recipes…

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This image depicts the trademark logo of Linkedin. This image is relevant because this post talks about whether Linkedin connections can be considered as trade secrets. Click on the image to view full post.

Are LinkedIn Connections Trade Secrets?

This question came up in an Employer-Employee trade secret dispute before a California Court. David Oakes was working in a sales position with a company called Cellular Accessories under an Employment Agreement with a clause to safeguard the company's trade secrets. As a part of his employment with Cellular Accessories, David established more than nine hundred contacts on LinkedIn and maintained the list on his computer. The list was updated whenever a new contact was made. On leaving the company,…

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This image depicts a confused and hesitant man working on a computer. This image is relevant because the post talks about the possibility of maintaining trade secrecy. Click on the image to view full post

Is Trade Secrecy Always Possible?

The possibility of protection and a company's capability to protect a secret is indeed an important factor to be considered while defining the nature of protection. Though many factors may be in favor of trade secret protection over patent protection, the incapability of an organization to maintain secrecy is a very important factor and may shift the balance. The kind of information sought to be safeguarded, measures required for protection, nature of business, organization's stature, and so on play a very…

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