If national legislation is not already complied with, all WTO countries will have to adopt this provision. Although the provision avoids the very notion of trade secrecy, it certainly refers to what is commonly known as trade secrets and follows the definition of the American Uniform Trade Secrets Act (UTSA) of 1985, cited below (section 2). The language of the North American Free Trade Agreement (NAFTA), which is mandatory for Canada, Mexico and the United States, is also closely in line with UTSA definitions. Certainly, the patent policy for promoting invention is not disturbed by the existence of another form of inducement to invention. In this respect, the two systems are not and will not be in conflict…. Trade secrecy and patent law have coexisted in this country for more than a hundred years. Each has a special role to play, and the service of one does not take the need for the other…. We conclude that extending the protection of trade secrets to clearly patentable inventions is not contrary to the patent policy of disclosure. Trade secrets are a form of intellectual property, but the protection of trade secrets does not offer any rights comparable to that of copyright, patent or trademark law.
In most countries, the misuse of trade secrets is considered a specific form of unfair competition. Some countries have specific laws to protect confidential business information. The member agreement provides for countries to implement appropriate legal protection for „undisclosed information.“ The loss of trade secret status occurs when the secrecy is published. There are many ways to do that. For example, a business secret owner may publish the secret in an academic journal, newspaper or other forum. In some cases, the sale of a commercial product that embodies secrecy is also considered a disclosure of secrecy. Protection measures can generally be categorized into three categories: physical security, digital security or network security, and legal measures such as confidentiality, non-competition clauses and confidentiality agreements (NDA). If someone sees an invention as a trade secret, someone else can then reinvent it independently and apply for a patent.
The patent holder can then arrest the former inventor for violating the patent. The former inventor kept the information secret, its use is not the state of the art. In some countries, patent legislation provides for limited exceptions in cases of violation of „secret pre-use.“ As a general rule, it does not matter whether the confidentiality of the business is intentional. If the owner accidentally publishes the details of a business secret in a brochure, the status is still lost. Question 6. Question 5 concerns whether a competitor will nevertheless be able to determine the nature of the product`s evolution when choosing the trade route. If competitors were able to determine the nature of the product fairly easily, patent protection would be favoured. This definition will most likely replace previous definitions. From 1996, the Economic Espionage Act (EEA), a federal criminal secrecy law, contains the following definition: agreements with workers and contractors should include contractual clauses to encourage people with access to know-how and trade secrets to confidentiality. In general, confidential business information that gives a company a competitive advantage and is not known to other companies can be protected as a trade secret. Trade secrets include technical information such as production methods, experimental research data, software algorithms and business information such as distribution methods, vendor and customer lists, and advertising strategies.
B) whose owner has taken appropriate steps to keep this information secret; and the information derives an independent economic value, real or potential, from the unsurred and unsurred repository.