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COURT HOLIDAYS IN 2009
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| Ashura Muharram |
| Kashmir Day |
| Eid-i-Milad-un-Nabi (S.A.W.) |
| Pakistan Day |
| May Day |
| Independence Day |
| Iqbal Day |
| Birth Day of Quaid-e-Azam and
Christmas |
| Winter Holidays |
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| Trade Secret Agreements |
Awareness of protecting
Trade Secrets is gradually growing amongst the Business and Industrial
Concerns In Pakistan statutory Law does not protect Trade Secret Information
but the Government of Pakistan is bound to give effect to Trade Secret
Provisions included in the TRIPS Agreement. The courts may give appropriate
relief in the form of injunctions rendition of accounts damages actual
and for business loss.
Trade Secret is usually viewed as any information that derives independent
economic value from not being generally known or readily ascertainable.
Among the things that can be trade secrets are a formula, pattern,
compilation, program, device, method, technique, or process, customer
lists, pricing information, and non-public financial data.
Important Factors For Determining Trade Secret
Extent to which the information is known outside the business;
Extent to which it is known to those inside the business, i.e., by
the employees;
Savings effected and the value to the holder in having the information
as against competitors;
Precautions taken by the holder of the trade secret to guard the secrecy
of the information;
Amount of effort or money expended in obtaining and developing the
information; and
Amount of time and expense it would take for others to acquire and
duplicate the information.
Trade Secret Rights Are Different From
Other Forms Of Intellectual Property Rights
For instance you cannot maintain both a patent and a trade secret
on the same invention - they are mutually exclusive. A patent confers
exclusive rights to prevent others from making, using or selling the
patented subject matter. The trade off is that the patent, once issued,
is published for the entire world to know. Thus, nothing in an issued
patent can be a trade secret by definition.
Until a patent issues, the Controller of Patents retains the patent
application subject to trade secret protection and will not disclose
the information, because there is always the possibility that a patent
will not issue. If you decide that you would rather not have a patent
and rely on trade secret law, it is your choice until the patent issues,
and it is up to the owner of the application to make that choice and
maintain the requisite secrecy. In sum, protecting an invention by
patent or by trade secret is an either-or choice.
The Question How To Choose Whether To
Patent Something or Keep It As A Trade Secret
depends on a host of factors, which you should carefully evaluate
with an attorney/lawyer experienced in intellectual property law.
Being a very important decision each matter must be decided separately,
in light of
(a) Your objectives, (b) the nature of the invention, and (c) A realistic
appraisal of the marketplace and technology.
The questions that need to be considered include:
- What is the commercially valuable life of the information or product?
- How susceptible is the information or product to "reverse engineering"
or independent discovery?
- Is the information or product sufficiently novel to warrant a PATENT?
- Is the information or product proper subject matter for a patent?
- Can you afford the cost of obtaining a patent?
- Would you be able to afford the costs of enforcing a patent, if
it issues?
- Will improvements and modifications be patentable?
Sometimes, the answers to these questions may make the decision easy.
For instance, patent protection is generally more secure than trade
secrets because no matter what anyone subsequently develops, it will
not destroy your patent rights. For this reason, a technological breakthrough
in a highly competitive area likes cloning or in others areas of genetic
engineering probably warrants patent protection. One would not like
to read about his/her discovery in a trade journal a few months after
the discovery. Yet while there may be simple answers, there are certainly
no blanket generalizations.
Reasonable Means Generally Employed To
Protect Secrecy Include:
Restricting access to the trade secret by preventing unauthorized
entry into the facility where the trade secret is kept;
Obtaining non-disclosure agreements from key employees who came into
contact with the trade secret;
Obtaining non-disclosure agreements for the trade secret from suppliers
and manufacturers, including those who are sub-contractors, raw material
suppliers and component manufacturers;
Obtaining a secrecy agreement from everyone that had direct or indirect
contact with the trade secret;
Making pertinent documents available to suppliers for the sole purpose
of bidding on or manufacturing;
Marking all materials and drawings related to the trade secret with
a proprietary legend restricting their use and disclosure.
Term of Trade Secret protection
Trade Secret lasts so long as the secrecy is maintained, the life
of a trade secret may last forever. In contrast most patents are valid
for 20 years.
Events That Can Destroy Trade Secret Rights
Discovery by independent invention;
Discovery by "reverse engineering," that is, by starting
with the known product and working backward to find the method by
which it was developed, the acquisition of the product having been
by a fair and honest means, such as purchase of the item on the open
market;
Discovery under a license from the owner of the trade secret;
Observation of the item in public use or on display; or
Obtaining the trade secret from published literature.
Transferring Trade Secret Rights To Another
Party
Trade Secrets Rights can be transferred, through license agreements
and assignments. Just make sure your attorney/lawyer reviews the terms
of the transaction and that it is well documented.
Someone Under An Obligation Not To Disclose
Trade Secrets Has Already Disclosed Them
Consult a lawyer immediately. Such action is a civil wrong known as
"trade secret misappropriation" and while a lawsuit may
or may not be necessary, acting slowly or without a full understanding
of all your rights is ill advised.
For Trade Secrets Contracts and Agreements Contact PakGlobal.
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