Can You Keep A Secret?

1
Can You Keep A Secret?
Carmen G. Peralta
Director
Documentation Information Technology Transfer
Bureau
IP Philippines
2
Trade Secret or Undisclosed Information
Essential Component of Business Competitive
Advantage
3
Maxs
Jollibee
Kentucky Fried Chicken
4
Definition of Trade Secret
5

• Trade Secret or Know-How all the manufacturing
  knowledge written or oral, whether in the form of
  -
• unprotected inventions
• Formulas or Recipes
• Procedures or Methods
• Current or accumulated skills or
• experience

6
Section 7. Article 39 TRIPS Agreement (1994)
2. Natural and legal persons shall have the
possibility of preventing information lawfully
within their control from being disclosed to,
acquired by, or used by others without their
consent in a manner contrary to honest commercial
practices so long as such information
(a) Is secret in the sense that it is not, as a
body or in the precise configuration and assembly
of its components, generally known among or
readily accessible to persons within the circles
that normally deal with the kind of information
in question (b) has commercial value because it
is secret and (c) has been subject to reasonable
steps under the circumstances to keep it secret,
by the person lawfully in control of the
information.
7
Examples of business agreements with Know-How or
Trade Secret as component
8
Examples of business agreements with Know-How or
Trade Secret as component
9
Examples of business agreements with Know-How or
Trade Secret as component
10
Examples of business agreements with Know-How or
Trade Secret as component
11
Patenting or Trade Secret?
An Important Business Decision
12
Laws/Treaty Protecting Trade Secrets
13
Section 7. Article 39 TRIPS Agreement (1994)
1. In the course of ensuring effective protection
against unfair competition as provided in Article
10bis of the Paris Convention (1967), Members
shall protect undisclosed information in
accordance with paragraph 2 and data submitted to
governments or governmental agencies in
accordance with paragraph 3
14
Section 7. Article 39 TRIPS Agreement (1994)
3. Members, when requiring, as a condition of
approving the marketing of pharmaceutical or of
agricultural chemical products which utilize new
chemical entities, the submission of undisclosed
test or other data, the origination of which
involves a considerable effort, shall protect
such data against unfair commercial use. In
addition, Members shall protect such data against
disclosure, except where necessary to protect the
public, or unless steps are taken to ensure that
the data protected against unfair commercial use.
15
(No Transcript)
16
Electronic Commerce Act (RA 8792) June 14 (2000)
Section 31. Lawful Access Access to an
electronic file, or an electronic signature of an
electronic data message or electronic document
shall only be authorized and enforced in favor of
the individual or entity having a legal right to
the possession or the use of the plaintext,
electronic signature or file and solely for the
authorized purposes.
17
Electronic Commerce Act (RA 8792)
Section 32. Obligation of Confidentiality Any
person who obtained access to any electronic key,
electronic data message or electronic document,
book, register, correspondence, information, or
other material pursuant to any powers conferred
under this Act, shall not convey to or share the
same with any other person.
18
Information Submitted to Government or its
Instrumentalities
19
Revised Penal Code (RA 3815) (Dec. 8, 1930)
Article 292. Revelation of Industrial Secrets -
The penalty of prisión correccional in its
minimum and medium periods and a fine not
exceeding 500 pesos shall be imposed upon the
person in charge, employee or workman of any
manufacturing or industrial establishment who, to
the prejudice of the owner thereof, shall reveal
the secrets of the industry of the latter.
20
Anti-Graft and Corrupt Practices Act (RA
3019) (Aug. 17, 1960)
Section 3(k) Divulging valuable information of a
confidential character, acquired by his office or
by him on account of his official position to
unauthorized persons, or releasing such
information in advance of its authorized release
date.
21
Thank You
www.ipophil.gov.ph