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Can You Keep A Secret?

Can You Keep A Secret?. Carmen G. Peralta . Director . Documentation Information & Technology Transfer Bureau . IP Philippines. Trade Secret or Undisclosed Information: Essential Component of Business Competitive Advantage. Max’s. Jollibee. Kentucky Fried Chicken.

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Can You Keep A Secret?

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  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. Max’s 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. Implementing Rules & Regulations of Sections 87 and 88 of the IP Code Adopted the TRIPS Agreement Definition of Undisclosed Information

  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

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