The Domain of Knowledge Vis-à-Vis Secret in Preserving Vital Commercial Information
Every job and work require certain skills and know-how, which is essential to carry on the work in that particular field. There is some knowledge that an employee, agent or worker gain while working on a particular company or industry. That knowledge may be general knowledge or might be some confidential information that can be and is important to be protected through trade secrets. We should know the laws governing trade secrets. It is also important to differentiate between the two types of knowledge. Distinguishing the two types of knowledge can be confusing at times, but there is a thin line between the two. This paper will specifically deal with the differences between the two types of knowledge. They are analyzing what type of information can be protected as trade secrets and what type of information cannot, which is important in understanding the difference. It is also hard work for the Courts to distinguish between the two from case to case. What are the factors relied upon by the courts in explaining the difference between the two? This paper endeavours to put forward how the court separates the two types of knowledge while deciding a case. The detailed case study will give us a clearer view.
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