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

Ravi Kulkarni, a software engineer at Nimbus Tech in Bengaluru, resigns and joins a competitor. He uses his general programming skill and industry experience, but also carries a customer pricing database he copied from Nimbus's server. Which treatment is correct?

Nimbus can protect the copied customer pricing database as confidential information, but it cannot restrain Ravi from using his general skill, knowledge and experience. Indian courts separate an employee's personal know-how from specific confidential material belonging to the employer.

  1. ABoth his general skill and the copied database are protectable trade secrets of Nimbus
  2. BNeither is protectable, since employees may take anything learned during employment
  3. COnly his general skill is protectable, since it was developed during employment
  4. DThe copied database may be protected as confidential information, while his general skill and experience are not restrainableCorrect

Explanation

Courts distinguish an employee's general knowledge, skill and experience, which he may use freely, from specific confidential information such as a customer pricing database. Copying the database is a breach of confidence. Option A overreaches by claiming general skill, and option C reverses the distinction.

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