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

Zen Spices Ltd's secret recipe is dishonestly copied by a vendor who obtained access under a supply agreement. Zen wants to stop the vendor immediately and seek compensation. Which combination of civil remedies is typically available in India?

Zen can seek interim and permanent injunctions, damages or an account of profits, and delivery up of confidential materials. These are the standard civil remedies for breach of confidence and contract, as trade secrets have no registration system to revoke or cancel.

  1. AOnly a fine imposed by the Registrar of Patents
  2. BInjunction (interim and permanent), damages or account of profits, and delivery up of confidential materialsCorrect
  3. CCompulsory licence and revocation of the recipe's registration
  4. DCancellation of the vendor's company registration by the Registrar of Companies

Explanation

Civil courts can grant interim and permanent injunctions, award damages or an account of profits, and order delivery up or destruction of materials containing the secret. Registration-based remedies such as revocation do not apply, since trade secrets are not registered.

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