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A Single Judge of the Delhi High Court recently examined whether trade secret protection can be granted to know-how with respect to a particular invention that has been patented outside India. The Court held that the Defendants cannot be said to be committing passing off with respect to the know-how of the Plaintiff no.1 passed to the Defendants since know-how/trade secret/confidential information is not a ‘property’ and no relief in rem can be claimed with respect to it. It was also held that such know-how of the Plaintiffs with respect to a formulation could not be protected as a Trade Secret since the same was already in the public domain as a patent could not have been granted without disclosure of the so called ‘know-how’. According to the author of the article in this issue of IPR Amicus, this case also shows that information/know-how associated with a patented invention automatically enters the public domain on patent being granted and post its expiry can be used by all and therefore, cannot be termed as confidential...
The article in this issue of IPR Amicus, while exploring the subject, analyses various case...
The decision focused on two pivotal issues - whether the enhanced bioavailability data could be...
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