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Unlike Patents, Trademarks, Industrial Designs and Layout Design of Integrated Circuits that require registration for their protections, there is no obligation of such for trade secrets. |
The protection of Trade Secretwill be constantly covered as long as the secrecy of the information is solely known and maintained with necessary and appropriate efforts by the owner.
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Since the nature is undisclosed, the information must contain the following elements:
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| 1. |
The information is in the field of technology and/or business that is not known by the public in general; |
| 2. |
Having economic values; |
| 3. |
The confidentiality of which is maintained by its owner. |
Trade Secret shall include methods of production, processing (preparation), sales, distribution, consumer profiles, advertising strategies, lists of suppliers and clients, manufacturing process or other information in the field of technology and/or business.
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Infringement of a Trade Secret occurs when there is a disclosure of the trade secret or breaking of the agreement, or the obligation, either written or not, to maintain the confidentiality of the said trade secret (breach of contract and breach of confidence). An infringement also occurs if one obtains or possesses the trade secret in a manner that is contrary to the prevailing laws and regulations.
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