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Intellectual Property Law BY: Said Omari Hussein LL.B, Mzumbe University Tanzania

This document discusses intellectual property law, specifically trade secrets. It defines a trade secret as confidential business information that provides a competitive advantage, such as a formula or process. Examples given include the Coca-Cola formula and the New York Times Bestseller list process. Trade secrets must be kept reasonably secret and have commercial value. Owners can protect trade secrets through non-disclosure agreements, encryption, and passwords. Misappropriation of trade secrets involves improperly acquiring, using, or disclosing them without permission.

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464 views10 pages

Intellectual Property Law BY: Said Omari Hussein LL.B, Mzumbe University Tanzania

This document discusses intellectual property law, specifically trade secrets. It defines a trade secret as confidential business information that provides a competitive advantage, such as a formula or process. Examples given include the Coca-Cola formula and the New York Times Bestseller list process. Trade secrets must be kept reasonably secret and have commercial value. Owners can protect trade secrets through non-disclosure agreements, encryption, and passwords. Misappropriation of trade secrets involves improperly acquiring, using, or disclosing them without permission.

Uploaded by

said hussein
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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INTELLECTUAL

PROPERTY LAW
BY
SAID OMARI HUSSEIN
LL.B, MZUMBE UNIVERSITY TANZANIA.
TRADE SECRET
• Trade secret
are type of intellectual property that comprises, formulas, practices,
processes, designs, patens or compilations that have inherent economic
value.
Trade secrets include any business information which has commercial value
derived from its secrecy.
In other word trade secrecy are the information which can provide a business
competitive advantage, hence are the valuable business information which is
not known to the public.
Example, of trade secret is a formula for Coca-Cola which is locked in a vault.
Cont..
Also the New York Times Bestseller list is an example of a process trade secret.
Trade secrets include but not limited to
Technical and non technical data,
formula of producing product,
compilation,
methods of attracting customers,
techniques of selling products,
 financial data,
list of customers or suppliers.
Cont..
• Ways to keep business information secret.
 by Non disclosure or confidentiality agreements
By confidentiality clause
By encryption
By password protection , etc.
Cont..
It should be noted that not all confidential information qualifies for
trade secret.
the protection of trade secrete requires the following minimum
requirement.
 information must have commercial value
The information must be sufficiently secret, i.e. not known to the
public
 that information has been subject to reasonable measures by the
business to ensure that it remains secret.
Cont..
When court considering whether information is a trade secret, the
factors which are taken into account.
The measures taken to maintain secrecy
The value of information
The degree to which the owner regards and treats the information
as confidential.
Whether the misuse of the information resulted I detriment to the
owner.
Cont..
The other factors for determination of trade secret include;
i. The extent to which the information is known outside the business.
ii. Extent to which the information is known by the employees
iii. The value of the information to the owner, and its competition.
iv. Amount of effort employed by the owner to develop the trade
secret
Cont..
Trade secret protection may be advisable
When the secret relates to manufacturing process or innovation.
When the secret is not patentable
When is likely that information ca be kept secret for a considerable
period of more than twenty ( period of protection of patent).
Meanwhile waiting for patent to be granted
Misappropriation / infringement of trade
secrets
Occurs when someone acquires, uses, or disclose a trade secret to a
third party without permission and in improper manner.
Trade secret misappropriation typically is of two fold;
Firstly, is where trade secret is misappropriated by someone who had
proper access to it ( internal thefts).
Secondly, where trade secret is misappropriated by outsiders, (external
thefts).
In an action for inflingment of trade secret the
owner must prove the following

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