CS Professional · Intellectual Property Rights - Law and Practice · Protection of Trade Secrets
Meera Textiles discovers that its former designer, Karan, copied a confidential customer pricing database before resigning and is using it at a competitor. Meera Textiles fears the data will be used further before trial. Which remedy best addresses this immediate risk?
An interim injunction restraining use and disclosure, with delivery up of the copied database, best addresses the immediate risk. Courts grant such preventive relief in breach of confidence cases, whereas waiting for damages does not stop harm, and trade secrets cannot be registered.
- AWaiting for final judgment and then claiming damages only
- BAn interim injunction restraining Karan from using or disclosing the data, along with delivery up of the copied materialCorrect
- CRegistration of the database as a trade secret with the Registrar
- DA criminal complaint under the Patents Act, 1970
Explanation
Courts grant interim (temporary) injunctions and delivery up or return of confidential material to prevent ongoing harm, alongside later damages or account of profits. Waiting for final judgment leaves the risk unchecked. There is no registration of trade secrets, and the Patents Act is irrelevant.
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