Trade Secrets and Biotechnology

Dr. Kalyan C. Kankanala kalyan@brainleague.com Blog: www.sinapseblog.com

Overview 
What is a trade secret?  Terms - Confidential Information, Proprietary Information, Undisclosed Information and so on  Real vs. Trade Secrets

Trade Secret 
Elements      Independent economic value Generally known or readily ascertainable Proper means Persons Reasonable Measures

Reasonable Measures 
      Express duty of non disclosure via Employment agreements Non-disclosure agreements Entrance and Exit interviews Restricted access Marking Security system and policy

Misappropriation 
Conduct which results in obtaining trade secret information by improper means constitutes misappropriation.  µImrproper means¶  Criminal Conduct  Breach of Contract  Tortious liability

Defenses 
Legal  Equitable

Remedies 
Injunction  Damages  Attorney fees  Prejudgment interest

Case 1 
Salsbury
Met with higher ups before joining Worked on the same project Took valuable documents Wrote an article criticizing the project

Case 2 
Pioneer v. Holden  Seen around farms  Managed to hire a key person  Acquired data related to breeding

Indian Law 
Trade Secrets  Contract  Trust  Relation of Confidence  Equity  Non Compete/Non disclosure

Patent v. Trade Secret 
Three areas of conflict  Patentable  Partially patentable  Not patentable  Factors

Patent and Padlock 
Overprotect  Exploit the overlap  Build a wall  Lay a mine field  Fall back position  Patent and Padlock

±Thank you ±Fore more information: www.sinapseblog.com

Sign up to vote on this title
UsefulNot useful