An Analysis on Trade Secret Protection in Food Industry

  • Rakeshwari V
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  • Rakeshwari V

    LL.M. Student at Sathyabama Institute of Science and Technology, Chennai, Tamil Nadu, India

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Abstract

Trade secrets are important in the food industry to safeguard confidential information like recipes, formulas, production methods and other processes that confer a competitive edge to food businesses. Trade secrets are not required to undergo the same scrutiny before the trade secrets (as patents) and protection does not lapse so long as the information remains confidential. Food industry tends to keep the recipes secret and the formula of the ingredients as a trade secret to retain the uniqueness of their products and establish the competitive edge in the market. Such secrets are also a source of product differentiation, brand recognition, and sustainability of the business in the food market. This research explores the notion and significance of trade secret protection in the food sector, and the use of trade secrets to maintain market competitiveness. It also explores the legal framework and regulations for protecting trade secrets at national and international level, including provisions under the TRIPS Agreement, which acknowledges undisclosed information as intellectual property. The study also assesses the techniques employed by food companies to protect their confidential information, including non- disclosure agreements, employment contracts, internal policies and procedures, documentation and record keeping, and technological controls and protection. The study also highlights various issues around trade secret protection, especially in todays digital era, with collaborations and cyber security threats. The threats that may cause the risk to the data are data leaks, insider threats, and legal complications. security of the sensitive business data. The study finds that the legal, internal and technological actions play an important role to safeguard trade secrets and encourage innovations and creativity competitiveness in the food industry.

Keywords

  • Trade Secret
  • Food Industry
  • Confidential Information
  • Competitive Advantages
  • Trade Secret Protection

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 9, Issue 2, Page 1666 - 1674

DOI: https://doij.org/10.10000/IJLMH.1111668

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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