AN ASSESSMENT OF TRADE SECRETS AND CONFIDENTIAL INFORMATION AS INTELLECTUAL PROPERTY RIGHTS
Keywords:
Trade Secrets, Confidential Information, InfringementsAbstract
Intellectual property rights may be asserted in respect of products of human intellect. Trade secrets and confidential information are intertwined and are species of intellectual property rights which are not codified in many countries but are basic strength in competition in the industry. This work adopting a doctrinal approach, assess the value of Trade secrets and confidential information in the industry. It also examined the criteria for the enjoyment of the rights, incidence of infringements and as well as available remedies. It is the view of this research that, as the world becomes a global village, the advantages of keeping know-how by way of trade secrets and confidential information becomes very important in the face of commercial complexities, changing business practices and technological advancement. In addition, some know-how may not meet the requirements of patentability and where they are, they are not time limited like other intellectual property rights. There is need for legal regulations of trade secrets and confidential information through separate legislation for nations that have not done so to encourage holders of these rights in the area of enforcement in cases of infringement.
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References
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