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

Under the Act companies are obliged to share data under the EU Data Act will be keen to ensure competitors do not use the data to produce competing products or to train AI models.

- Discuss what is considered as trade secret data?
• Can raw data be a trade secret?
- Determine how the provision is viewing data as trade secret – or not?
- Examine provisions relating to trade secret provision.
• How is this interpreted?
- What remedies are available?