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CS Professional · Intellectual Property Rights - Law and Practice · Protection of Trade Secrets

In a dispute, Meher Pharma claims that a former scientist is using a formulation process. Under the test commonly drawn from the Coco v A.N. Clark case, applied in Indian courts, which combination must Meher Pharma show to succeed in breach of confidence?

Meher Pharma must show the information had the necessary quality of confidence, was shared in circumstances creating a duty of confidence, and was used without authorisation. This is the three-part Coco v Clark test applied in Indian courts.

  1. AThe information had the necessary quality of confidence, it was imparted in circumstances of confidence, and there was unauthorised useCorrect
  2. BThe information was patented, published and licensed
  3. CThe information was registered, notified and renewed
  4. DThe information was widely known and the defendant paid royalty

Explanation

The three-part test: the information must have the quality of confidence, must be imparted in circumstances importing an obligation of confidence, and must be used without authorisation to the detriment of the confider. The other options describe registration or public status, which are irrelevant or contradict secrecy.

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