Assignment Trade Secret Law

Added on - 21 Apr 2020

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Running head: TRADE SECRET LAWTrade Secret LawName of the studentName of the universityAuthor note
TRADE SECRET LAWAnswer 1Any information which can be regarded as confidential is known as confidential information. Atrade secret is a subset of confidential information. Confidential information has to be protectedand is not required to be registered. The protection of trade secrets is done through the creationof confidentiality agreements (Clarke, Sweeney & Bender 2011). Confidentiality agreementsfunction under the provisions of common contract law. Therefore in case confidentialityagreement is violated the aggrieved party is entitled to claim compensation for the wrongdoerunder rules of damages in contract law (Milgrim, Roger and Bensen 2017). In the given situationin spite of presence of a confidentiality agreement between M and H ltd that the trade secretwould be kept as confidential by the parties, the trade secret has been misused by H Ltd. This is aclear breach of contract under the rules of contract law. Therefore M is entitled to claimcompensation for all the losses incurred by her in relation to the misuse of trade secrets by H Ltd.Answer 2In the give situation it has been provided that Angela who is the marketing manager of DrinksAhoy which specializes in manufacturing a special drink known as Liquifizz. In the givensituation it has been provided that in order to meet the demand of the market she took Carl whois the MD of Boniface Bottling to a confidential room in the factory to provide him details aboutthe formula of Liquifizz which is not patented and is protected through secret ingredients. it hasbeen provided by the scenario that the Boniface have not signed the licensing agreementaccording to which had provisions for confidentiality. The company has produced an identicaldrink few years later and claims that they did not steel any formula. In the given situationthrough the application of copyright law provided through the Copyright Act 1968 Section 31 it
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