Since the applicant was unable to demonstrate a likelihood of success on the merits of its claim for the embezzlement of trade secrets, the Tribunal was unable to issue the referral order sought by the applicant. [ix] However, due to the secretive nature of trade secrets, it is not always easy for others to determine whether this information meets the requirements for the protection of trade secrets. Therefore, compared to a patent, it is more difficult to transfer and concensit confidential information and resolve disputes that may arise. Since a potential taker must access trade secrets to assess its value or usefulness, a confidentiality or confidentiality agreement must be signed between the potential giver and the licensee. In order to preserve the secrecy of trade secrets, a licensee of commercial secrecy should require a licensee to take appropriate measures to keep this information secret. A year later, the United States District Court in California considered a similar issue in Silicon Image Inc. v. Analogk Semiconductor Inc. [x] The applicant asserted that the defendant had misappropriated the applicant`s trade secrets and that he had attempted to prevent the defendant from producing or selling copies of his works. [xi] While a definitive determination of whether or not to breach the protection of trade secrets depends on the circumstances of the case, unfair practices in secret information generally include the violation of trust and industrial or economic espionage. It is possible that more than one person or organization could assert rights to the same trade secret on the same technology or on the same commercial information if both are developed independently, that this technology is developed and that both parties take appropriate steps to keep it secret until the technology is “known to all”. As you can imagine, different legal systems can produce very different results.
If there is no jurisdiction and there is a dispute over the terms and obligations of the law agreements, on jurisdiction, you will look at the additional legal costs to determine the issue. In market-economy countries, both in developing and industrialized countries, fair competition between firms is seen as an essential means of meeting the supply and demand of the economy and taking advantage of the interests of consumers and society as a whole. In addition, competition is one of the main drivers of innovation. The Unfair Competition Act, including business secrecy, is considered necessary to ensure the fair functioning of the market and encourage innovation by cracking down on anti-competitive business practices.