InternationalUSRemember you can easily switch between MIP US and MIP International at any time

Licensing agreements: Protecting trade secrets


Andrea Allan and Sean McGuire of Watermark examine some recent court cases involving trade secrets and confidential information

Exclusive technology licence agreements, particularly those for pharmaceuticals, commonly include trade secrets and confidential information within the relevant definition of the licensed IP. This is because it is often necessary for the exclusive licensee to have the confidential information in order to fully exploit the technology, particularly where that information concerns manufacturing know-how and other methodologies used for developing, testing, or analysing the products being produced under the licence.

The recent Supreme Court of New South Wales decision of Painaway Australia Pty Ltd v JAKL Group & Ors [NSWSC 205 2011] reinforces the importance of how to properly license and assign exclusive rights to use trade secrets and confidential information. Painaway was granted an exclusive licence to use trade marks and confidential formulas to make, market, distribute and sell pharmaceutical products. The enforceability of the licence was challenged but ultimately upheld, despite some of the corporate parties to the licence...


Please log in to read the rest of this article.

New to Managing Intellectual Property? Take advantage of one week’s FREE access and become a Managing IP member today. It’s free to join and the benefits start straight away.

Already registered?

Please make sure you log in to read the rest of the article.

Log in

Join us now

Gain 7 days FREE access when you register now.

Join here

profile

Managing IP

ManagingIP

ManagingIP profile

Patent litigation cools in the Eastern District of Texas (although it is still very high!) - our latest blog post https://t.co/JfecAQmPE5

Jul 29 2016 05:30 ·  reply ·  retweet ·  favourite
ManagingIP profile

Making sense of US patent litigation in 2016’s first half ($/trial) https://t.co/Kh5PrsSzLN Top plaintiffs, defendants and law firms ranked!

Jul 29 2016 04:55 ·  reply ·  retweet ·  favourite
ManagingIP profile

US people moves: Cooley nabs MoFo team, Pooley joins Orrick, Librarian of Congress ($/trial) https://t.co/aTlwfHoWwE https://t.co/oHZx7sv9SP

Jul 29 2016 02:37 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


Mid Year 2016

All eyes on ASEAN

Economic and legal reforms are driving harmonisation within and beyond the ASEAN region, with big implications for IP owners. James Nurton, Stephy Tang and Natalie Rahhal introduce a year-long series of articles



Most read articles

Supplements