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What does the TRIPS Agreement say about trade secrets or undisclosed information?

What does the TRIPS Agreement say about trade secrets or undisclosed information?

Undisclosed information, or trade secrets have been provided protection by the TRIPS agreement for the first time in public international law. This explicitly requires undisclosed information- trade secrets or know-how – to benefit from protection.

The protection is applied to information that is secret, has commercial value because it is secret, and has been subject to reasonable steps to keep it secret.

The Agreement does not demand that undisclosed information should be treated as a form of property, but it does stipulate that a person lawfully in control of such information must have the possibility of preventing it from being disclosed to, acquired by, or used by others without his or her consent in a manner contrary to honest commercial practices.

Intellectual property rights can be defined as the rights given to people over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creations for a certain period of time.


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