Trade Secrets
Legal Basis
– Unfair Competition Prevention Act (UCPA).
Membership in International Conventions
– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– WTO's TRIPS Agreement, effective from January 1, 1995.
Protection
Definition: a trade secret is technical or business information that is: (1) useful for commercial activities such as manufacturing or marketing methods; (2) kept secret; and (3) not publicly known.
Criteria for enforcement: all three conditions above must be met.
Assignment - licensing: possible.
Remedies for misappropriation: civil and criminal remedies are available. Civil remedies include the right to seek an injunction and damages. Criminal remedies include imprisonment and a fine.