Synchronicity Of Trade Secrets And Patents: Global View
- IJLLR Journal
- Jun 28
- 1 min read
Arshpreet Kour, LL.M., Amity University Mohali
ABSTRACT:
Patents provide protection to innovations by granting sole and unshared rights to the inventor on their innovation for a specific period of time, mostly for a period of 20 years. On the other hand, trade secrets protect the processes, innovations, and information for an unlimited time period, but the main requirement for accessing this form of protection is that the subject matter has to be kept confidential. In order to provide protection to the core ideas and inventions, trade secrets and patents stand as two fundamental approaches using two totally different methodologies and procedures. This gives rise to the question of whether the same invention can be protected by both patent and trade secrets?
This paper discusses and looks deeply into how and at what point these two forms of protection coincide. Once the innovation is protected under a patent, it comes into the public domain and no longer remains hidden and confidential. The paper also discusses the global stance of the laws regarding the same. Therefore, corporations, businesses, etc., are using the mixed approach and strategy to protect the invention, information, or processes, and in order to strengthen the protection from both forms, that is, patents as well as trade secrets, by protecting the core idea with a patent, and the producing process as trade secrets for maximization of legal and commercial security into the world market.
Keywords: Trade Secrets, Patent, Intellectual Property, TRIPS.
