TRADE SECRETS

Trade secrets are sometimes called undisclosed information as TRIPS calls them then they can also be called confidential information , know how.  Trade secrets have 3 major characteristics

1.            Information must be secret or confidential – not disclosed to other people;

2.            Information must have commercial value – commercial value by reason of its confidentiality;

3.            There must be an obligation to keep that information secret – confidential obligation.  This is done through non-disclosure agreements NDA or the confidentiality clause in the contract of employment. Coca cola is a good example in discussing trade secrets law , the black syrup base of Coca cola is not patented but protected by Trade Secret Law.  If it was protected by trademark , it would have expired by now.

Diana Princess of Wales as a Trade Secret – character merchandising , Diana dolls , Diana’s portrait on plates etc.   Diana’s letters to Major James Hewitt were a trade secret.

David Beckham – David Beckham merchandise -

TRADE SECRETS:            protect your trade secrets through patents other than trade secrets. Trade secrets are not sustainable if leaked or if the owner of a trade secret dies , they die with it , this is the dilema with traditional knowledge.  Traditional Medicinal Knowledge.  Whenever an elder dies in a village a section of the African Library is burnt because most of the information is committed in memory and rarely disclosed.