Protection of trade secrets through IPR and unfair competition law

Protection of trade secrets through IPR and unfair competition law

Protection of trade secrets through IPR and unfair competition law

1. Legal developments on trade secrets

How did trade secret protection evolve in your jurisdiction? For example, what kind of practical influence did the TRIPS agreement have on trade secret protection?

As a preliminary matter, the term ‘trade secret’ has a particular meaning under Australian law. ‘Trade secrets’ are generally considered to be a type of ‘confidential information’, the latter being a broader concept which also ncludes ‘know how’. The categorisation of ‘confidential information’ into ‘trade secrets’ and ‘know-how’, and the meanings of these terms in Australian law, are discussed in more detail in the answer to question 2. For present purposes, the Australian group’s response will discuss the development of Australian law regarding the protection of ‘confidential information’.

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