Skip to content

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

Veda Pharma Ltd., Hyderabad, has developed a confidential manufacturing process and keeps it locked away with restricted access. A rival obtains the process by bribing an employee. Under TRIPS Agreement Article 39, how is this protection framed?

TRIPS Article 39 protects undisclosed information as part of protection against unfair competition. Obtaining a secret process by bribing an employee is contrary to honest commercial practices, so it is actionable. No registration, filing or fixed term is required, unlike patents.

  1. AAs a form of unfair competition protection against undisclosed information being acquired contrary to honest commercial practicesCorrect
  2. BAs a patent right granted for twenty years from filing
  3. CAs a registered right that requires filing with the WTO
  4. DAs a copyright that arises only on publication

Explanation

Article 39 of TRIPS places protection of undisclosed information within the framework of protection against unfair competition (Article 10bis of the Paris Convention). Acquiring information by bribery is contrary to honest commercial practices. No registration or fixed term applies, so the patent and registration options are wrong.

Did you get it right without looking?

One question tells you little. A timed set on Protection of Trade Secrets shows your real accuracy, how long you take and where you lose marks.

Practise Protection of Trade SecretsFree diagnostic mock

More Protection of Trade Secrets questions