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CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property

Kerala-based Spice Route Ltd. has developed a secret blend and process for a masala. It never files any application, restricts access through confidentiality agreements, and a former employee later publishes the process online in breach of his contract. Which feature of trade secret protection is illustrated?

Trade secret protection rests on keeping information confidential and enforcing confidentiality obligations; it has no registration or fixed term. Once the information is made public, the secrecy and thus the protection are lost, though the employee may still be liable for breach of contract.

  1. AProtection lasts a fixed 20 years from filing
  2. BProtection depends on secrecy and confidentiality obligations, and is lost once information becomes publicCorrect
  3. CProtection requires registration with the Controller General
  4. DProtection is territorial to the state of Kerala

Explanation

Trade secrets have no dedicated registration or fixed term in India; protection continues as long as the information stays confidential and is enforced through contract and equity principles. Once published, the secrecy is lost. A fixed 20-year term is a patent feature.

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