Category Archives: Trade Secret

Copyright COVID-19 Patent Trade Secret

Wishful Thinking? Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS- Part II

In the first part of the post, I assessed the joint statement proposed by South Africa and India for waiver of certain key provisions of TRIPS. Following the joint statement, 379 NGOs and members of civil societies wrote to WTO, in support of the waiver. On the day of the meeting, the proposal attracted the support of a large number of developing countries and LDCs notably Tanzania, Chad, Bangladesh, Sri Lanka, Pakistan, Venezuela, Honduras, Nepal, Nicaragua, Egypt, Indonesia, Argentina, Tunisia,…

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Copyright COVID-19 Overlaps in IP Patent Trade Secret

Wishful Thinking? Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS – Part I

On 2nd October, 2020, India and South Africa issued a joint statement before the WTO TRIPS Council, with a request to waive “the implementation, application and enforcement of Sections 1, 4, 5, and 7 of Part II of the TRIPS Agreement in relation to prevention, containment or treatment of COVID-19.” This waiver, annexed with a draft decision for the WTO General Council, was requested to ensure that IPRs do not encumber the access to affordable medicines or R&D, manufacturing and…

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Competition Law Copyright Innovation Trade Secret

Non-Personal Data Governance Framework and Intellectual Property Implications

The Committee of Experts on Non-Personal Data (NPD) Governance Framework, constituted by the Ministry of Electronics and Information Technology released its Report on July 12, 2020. The Report purports to be a framework for governance of NPD, meant to grant access to NPD to industry players and the government for overarching public purposes. In order to increase the competitiveness of local and small enterprises and spur innovation, the Report is aimed at mandatory sharing of data to create economic advantages…

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Copyright Innovation Trade Secret

Trade Secrets Protection and Incentives to Innovate: Scrutinizing Section 91 of The Personal Data Protection Bill, 2019

We are pleased to bring you a guest post by Sahaja Burde, on the ongoing regulatory efforts surrounding ‘non-personal data’. Sahaja is a 3rd year student at ILS College, Pune. In this post, Sahaja examines the provisions of the Personal Data Protection Bill, 2019 dealing with non-personal data and their interplay with copyright and trade secret law in India.   Trade Secrets Protection and Incentives to Innovate: Scrutinizing Section 91 of The Personal Data Protection Bill, 2019 Sahaja Burde Introduction…

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Overlaps in IP Patent Trade Secret

Can Patents and Trade Secrets Co-exist? : Delhi High Court Answers in the Negative

We’re pleased to bring to you a post by Aditya Gupta on the Delhi High Court’s recent decision on the interplay between trade secrets and patents. Aditya is an attorney at Ira Law. He graduated from National Law University, Jodhpur and then pursued a master’s in law from Harvard Law School. Before co-founding Ira Law, he was part of another law firm for 7 years and then an associate at the chambers of Mr. Amit Sibal. Can Patents and Trade…

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Others Trade Secret

Appreciating the Fundamentals of Trade Secrets Law – I

I discussed a trade secret case law recently. I wrote that I would discuss some of the fundamental aspects from a comparative law perspective. As a prelude, I can only discuss the broad contours of trade secret protection in a blog post. I am limiting the discussion of this post to fundamentals of trade secret protection and US position. I shall discuss the EU position in a later post. If specific questions are asked, I shall try to answer them….

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Trade Secret

Trade Secret Case Law: Steer Engineering Pvt. Ltd. v. Glaxosmithkline Consumer & Ors.

This is a case on trade secret / confidential information. The Indian jurisprudence on trade secret law is still at a nascent stage. While discussing this case, I am limiting the scope to the issue of protection of trade secret / confidential information only. Facts This is a commercial appeal filed under Section 13 (1A) of the Commercial Courts Act read with relevant provisions of CPC. The Appellant had earlier unsuccessfully pleaded for an interim injunction at the Court of…

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Copyright Trade Secret

Delhi High Court Once Again Tackles the Issue of IP in Customer Lists – Delivers a Solid Judgment in Favour of Employees

An issue which keeps popping up in Indian litigation is whether it is possible for employers to restrain former employees from using customer lists after leaving employment. These legal actions are usually based in copyright law or contractual agreements that have clauses on confidentiality and restraints against post-employment competition. In a recent judgment by Justice Endlaw, in the case of Navigators Logistics Ltd v. Kashif Qureshi & Ors. the above issues are decided in favour of former employees in a…

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Trade Secret

SpicyIP Fellowship 2017-18: Cyber Economic Espionage – Is TRIPS the Solution?

We are glad to bring to you a guest post by our Fellowship applicant Maitreyee Dixit. Maitreyee is a 2nd year student at NALSAR University of Law, Hyderabad. This is her first submission for the Fellowship. Cyber Economic Espionage: Is TRIPS The Solution? Maitreyee Dixit Economic espionage has been a hot topic of sorts since the September 2015 agreement was made between USA and China, that called for both the countries to not knowingly conduct or support cyber enabled trade…

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Plant Variety Protection Trade Secret

GM Mustard: Of the Lack of Transparency and ‘Confidentiality’ of Biosafety Data

The Central Information Commission (CIC) directed the Environment Ministry to release all data relating to the bio-safety of GM Mustard by an order in April following a RTI application filed by Ms. Kavitha Kuruganti (the ‘Appellant’). The application sought information regarding the field trials of GM Mustard, which the Ministry refused to disclose on grounds of confidentiality. The Ministry is yet to comply with the order in question, but on Tuesday released a safety assessment report stating that GM Mustard…

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