[Commons-Law] question on trade secrets

Thomas John aashish.thomas.john at gmail.com
Fri Feb 11 20:16:04 IST 2005


This is a frustratingly simple-sounding IPR question that I
desperately need an answer to but I can't seem to figure it out. Can
anyone help me out on this?

Thomas. 


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Hypothetical situation: 
X discovers a manufacturing process which he does not patent. The 
process is known only to him and remains a trade secret. He seeks to 
sell the know-how for this process to Y. 


1) Does X have a right or interest in the process, although it was not 
patented? 
2) Is there a right in rem against others using this process? 
3) Most importantly, does X have TITLE to the trade secret? 


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