a) The jurisdictional basis of the Law of Confidence provided under Trade Secret Laws depends
on the territorial scope of the laws and the principles of jurisdiction followed by each
jurisdiction. Trade secret laws are typically enacted at the national level, and their jurisdiction
extends within the boundaries of the respective country…In general, a country's trade secret
laws will apply to acts occurring within its jurisdiction, including the misappropriation,
disclosure, or unauthorized use of trade secrets within its territory. This means that the legal
framework for trade secrets will vary from country to country, as each jurisdiction has its own
laws and regulations governing the protection and enforcement of trade secrets… Additionally,
jurisdictional issues may arise in cases involving cross-border misappropriation or disputes
spanning multiple jurisdictions. In such cases, principles like forum non conveniens and choice
of law clauses may come into play to determine the most appropriate forum for dispute
resolution and the applicable governing law.
b) Despite the prevalence of various specific laws relating to intellectual property, the
protection of trade secrets remains essential in today's era. Trade secrets can encompass
valuable business information that may not be eligible for protection under other forms of
intellectual property, such as patents, copyrights, or trademarks. Therefore, trade secret laws
continue to serve an important role in safeguarding confidential and proprietary information
that provides a competitive advantage to businesses.
There are several reasons why trade secret protection is still needed:
1. Scope of Protection: Trade secret laws protect a wide range of confidential information,
including manufacturing processes, customer lists, marketing strategies, formulas, algorithms,
and other valuable trade-related information. This broad scope of protection ensures that
businesses can safeguard their proprietary information that may not qualify for other forms of
intellectual property protection.
2. Flexibility and Duration: Unlike other forms of intellectual property, trade secret protection
does not have a fixed duration. As long as the information remains secret and the trade secret
owner takes reasonable steps to maintain its confidentiality, trade secret protection can last
indefinitely. This flexibility allows businesses to protect valuable information for as long as it
retains its commercial value.
3. Confidentiality and Competitive Advantage: Trade secret protection is particularly valuable in
cases where disclosing information to the public may diminish its value or give competitors an
unfair advantage. By keeping certain information confidential as a trade secret, businesses can
maintain their competitive edge in the market and retain control over their proprietary
knowledge.
4. Complementing Other Forms of IP Protection: Trade secret protection often complements
other forms of intellectual property rights, such as patents or copyrights. In some cases,
businesses may choose to keep certain aspects of their innovations or creative works as trade
secrets to supplement the protection provided by patents or copyrights. This strategy allows
them to maintain exclusivity even after the expiration of patent or copyright protection.
5. Trade Secrets and Non-Disclosure Agreements: Trade secret laws work in conjunction with
non-disclosure agreements (NDAs) to provide an additional layer of protection for confidential
information. NDAs allow businesses to establish contractual obligations and remedies to
prevent the unauthorized disclosure or use of trade secrets by employees, contractors, or
business partners.
Overall, trade secret laws remain crucial for protecting valuable confidential information that
may not be covered by other forms of intellectual property. They provide businesses with a
means to safeguard their competitive advantage, retain control over proprietary information,
and encourage innovation and investment in research and development.
