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

Ravi, a former employee of Sudarshan Pharma, independently develops a process that happens to match Sudarshan's secret process without using any of its information. Sudarshan sues him for infringing its trade secret. What is the likely position?

Ravi is not liable because trade secret protection prevents misappropriation of confidential information but does not stop others from independently developing or lawfully reverse engineering the same process. Without proof that he used Sudarshan's confidential information, no breach of confidence exists.

  1. ARavi is liable because the process is identical
  2. BRavi is liable unless he registers the process within one year
  3. CRavi is not liable, since trade secret protection does not bar independent discovery or reverse engineering by lawful meansCorrect
  4. DRavi is liable under the Patents Act, 1970 for anticipation

Explanation

Trade secret protection guards against misuse of confidential information, not against independent creation. Because Ravi did not use Sudarshan's information, no breach of confidence arises. Identical results alone do not establish liability, and there is no registration to cure it.

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