Joel Rosenberg

Tracy Muck
Protection of Trade Secrets Bill
• Is there is need for a specific legislation for protection of trade secrets?
• Whether there should be one law or separate laws on trade secrets and economic espionage?
• What should be the scope and shape of the proposed law?
• Treating trade secrets as ‘property’ or under principles of unfair competition
○ Defining trade secrets
○ Defining misappropriation of trade secrets,
○ Trade secrets, restrictive covenants and doctrine of inevitable disclosure
• What exceptions should be carved out in the Act? (e.g., Whistle blower protections, Compulsory Licensing & Government Use, Freedom of Speech & Expression, Public interest
• Remedies
○ Data Exclusivity
Discover the growing importance of trade secrets in a patent-dominated field:
- Implications for companies dealing with proprietary technologies
• “Vanillin Case”
○ Understand how infringement occurred
○ How the courts determine damage
○ Subsequent impact on trade secret implications in China
• “Rubber Antioxidants Case”
○ Determine the nature of the Trade Secret
○ Legal consequence of employee breach of confidentiality
○ Legal outcome and people’s supreme court’s attitude towards Trade Secret cases such as Automobile Chassis case; 2023, SPCIP Civil Final No. 1590