Statutory and Non Statutory
January 19, 2009
Inventions, Patents
Statutory law refers to the written law of a country whereas non statutory forms of protection fall under common law.
The non statutory forms of law govern know-how, trade secrets, trade marks as well as designs. It should be noted that trademarks, designs, trade secrets and copyright are also governed under statutory law. There may be instances when a party can claim by virtue of first usage or originating the idea or work that the party has specific rights to it.
A company can for instance, get into a dispute about a trademark infringement and then defend itself on the grounds of non statutory forms of legal protection.
If you believe that an infringement of your rights has taken place which can be shown under non statutory forms of legal protection, then you should contact attorneys to help you state your case.
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The protection of trade secrets
October 29, 2008
Trade Secrets
A company can protect its confidential information through non-compete and non-disclosure contracts with its employees (within the constraints of employment law, including only restraint that is reasonable in geographic and time scope). The law of protection of confidential information effectively allows a perpetual monopoly in secret information – it never expires as would a patent. The lack of formal protection, however, means that a third party is not prevented from independently duplicating and using the secret information once it is discovered.
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Trade secrets
October 14, 2008
Trade Secrets
The precise language by which a trade secret is defined varies by jurisdiction (as do the particular types of information that are subject to trade secret protection). However, there are three factors that, although subject to differing interpretations, are common to all such definitions: a trade secret is information that:
· is not generally known to the public;
· confers some sort of economic benefit on its holder (where this benefit must derive specifically from its not being generally known, not just from the value of the information itself);
· is the subject of reasonable efforts to maintain its secrecy.
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