[Commons-Law] question on trade secrets

[Corporate Legal Desk]

Oops, sorry, first of all, it wasn't meant to be on letter head, second of 
all, standard appended qualifiers and caveats accompanying emails should 
not have been reflected on this august list - or any others for that matter!

:Yen-Thaw

At 11:26 AM 2/14/2005, Corporate Legal Desk wrote:

>
>----------
>-
>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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