[Commons-Law] question on trade secrets

[Corporate Legal Desk]

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-
YANG
l a w y e r s


I will try ...

At 08:16 PM 2/11/2005, you wrote:
>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.

Trade secret is is not so easy to accomplish as it requires lots of control 
(which is normally achieved through transactional means).  Sale is easy but 
that depends upon the complete transaction being through.

>1) Does X have a right or interest in the process, although it was not
>patented?

An indirect means of protection is availed by many under the copyright act 
by many (three dimensional rendition of two dimensional 
representations).  Then you always have the option of proving it is 
actually yours by the three criteria of time, effort and 
expense.  Establishing this is easier said than done, but worth the effort 
if you do not have explicit right.

>2) Is there a right in rem against others using this process?

That is asking if I can exercise my rights without having proof of 
it.  Shooting from the hip, I daresay that a non-legal solution would be to 
publish a newspaper notice and then wait for the barrage of reactions to 
follow, but then again, if you are the gambling sorts, no one responds (or 
you are able to overcome the response), you can always show the effort you 
are going through.

>3) Most importantly, does X have TITLE to the trade secret?

This should be answered in the foregoing.  There are many other esoteric 
and creative means of protecting one's IP rights (though many IP lawyers 
may deny or argue these means).

HTH.

rgds,
:yang yen-thaw



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