[Commons-Law] RE: commons-law Digest, Vol 19, Issue 13

[Sunita Sreedharan]

Dear Thomas,

On the premise that we are speaking of this situation in India, please note 
that trade secret is protected under common law.  Now for your questions:

1.  X has a right/interest in the process even if it is not patented; 
provided the said process is not already in public domain and X has not 
published the process for common consumption by way of seminar, article etc

2.  Yes, but in so far has X has taken due care to see that the process is 
kept a secret

3.  Yes, X has a title to it, if he can prove that he had taken due care to 
protect his trade secret; the said trade secret is not common knowledge or 
obvious to a person with reasonable skill; and that the said trade secret 
gives him competitive edge in the market.

A good example is of course Coca Cola formula

Signing off

Sunita K. Sreedharan

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?


From: commons-law-request at sarai.net
Reply-To: commons-law at sarai.net
To: commons-law at sarai.net
Subject: commons-law Digest, Vol 19, Issue 13
Date: Sat, 12 Feb 2005 12:00:07 +0100 (CET)

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Today's Topics:

    1. question on trade secrets (Thomas John)


----------------------------------------------------------------------

Message: 1
Date: Fri, 11 Feb 2005 20:16:04 +0530
From: Thomas John <aashish.thomas.john at gmail.com>
Subject: [Commons-Law] question on trade secrets
To: commons-law at sarai.net
Message-ID: <9f871321050211064617af6952 at mail.gmail.com>
Content-Type: text/plain; charset="US-ASCII"

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.


======


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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End of commons-law Digest, Vol 19, Issue 13
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